Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
"Shakespearean Tragedy and the Common Law" examines punishment in Shakespeare's tragedies from the perspective of English Renaissance common law cases and theory. William Shakespeare's work is grounded "conceptually" in the -artificial- reason of common law as embodied by the great jurist of the age, Sir Edward Coke. Coke's legal rationale is sufficiently distinct from our own to suggest that a reasonable spectator in Renaissance England would interpret key elements of Shakespeare's art differently than we do today. Punishment, the "sine qua non" of these plays, is treated via a spectrum of legal theories: retribution, restitution, deterrence, and reform. Dr. Hawley's close examination of all ten plays and some fifty cases reveals how law, art, and philosophy shape Shakespeare's tragic vision."
This work offers an analysis of constitutional law, examining Shakespeare's plays as legal texts. Professor Ward uses the plays as a starting point to investigate the development of constitutional ideas such as sovereignty, commonwealth, conscience and moral law, and the art of government. In the developing area of law and literature, this book examines how Shakespeare's work offers a rich source of textual material on legal subjects.
Shakespeare Survey is a yearbook of Shakespeare studies and production. Since 1948, Survey has published the best international scholarship in English and many of its essays have become classics of Shakespeare criticism. Each volume is devoted to a theme, or play, or group of plays; each also contains a section of reviews of that year's textual and critical studies and of the year's major British performances. The theme for Volume 74 is 'Shakespeare and Education. The complete set of Survey volumes is also available online at https://www.cambridge.org/core/what-we-publish/collections/shakespeare-survey This fully searchable resource enables users to browse by author, essay and volume, search by play, theme and topic and save and bookmark their results.
Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
Excerpt from The Law in Shakespeare Shakespeare's persistent and correct use of law terms was long ago noticed and caused the conjecture that he must have studied in an attorney's office. What is the truth in this respect will probably never be certainly known; but that he was more addicted to the employment of legal nomenclature than any English writer (excepting, of course, the jurists) is incontestable. The work of winter evenings, commenced long age, as an incident to habitual study of the works of him "who converted the elements which awaited at his command into entertainments," is submitted with little speculation upon questions concerning which there have been many words and few demonstrations. It is not pretended that every legal phrase which he used is here presented. The aim has been not to extend the task beyond the necessity of proof into a wearisome repetition of expressions which often recur in scores. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
How did it feel to hear Macbeth's witches chant of "double, double toil and trouble" at a time when magic and witchcraft were as real as anything science had to offer? How were justice and forgiveness understood by the audience who first watched King Lear; how were love and romance viewed by those who first saw Romeo and Juliet? In England in the Age of Shakespeare, Jeremy Black takes readers on a tour of life in the streets, homes, farms, churches, and palaces of the Bard's era. Panning from play to audience and back again, Black shows how Shakespeare's plays would have been experienced and interpreted by those who paid to see them. From the dangers of travel to the indignities of everyday life in teeming London, Black explores the jokes, political and economic references, and small asides that Shakespeare's audiences would have recognized. These moments of recognition often reflected the audience's own experiences of what it was to, as Hamlet says, "grunt and sweat under a weary life." Black's clear and sweeping approach seeks to reclaim Shakespeare from the ivory tower and make the plays' histories more accessible to the public for whom the plays were always intended.
This interdisciplinary study combines legal, historical and literary approaches to the practice and theory of marriage in Shakespeare's time. It uses the history of English law and the history of the contexts of law to study a wide range of Shakespeare's plays and poems. The authors approach the legal history of marriage as part of cultural history. The household was viewed as the basic unit of Elizabethan society, but many aspects of marriage were controversial, and the law relating to marriage was uncertain and confusing, leading to bitter disagreements over the proper modes for marriage choice and conduct. The authors point out numerous instances within Shakespeare's plays of the conflict over status, gender relations, property, religious belief and individual autonomy versus community control. By achieving a better understanding of these issues, the book illuminates both Shakespeare's work and his age.
Through an examination of six plays by Shakespeare, the author presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic drama of the period. The playhouses of London in the 1590s provided a distinctive forum for discourse and dissemination of nascent political ideas. Shakespeare exploited the unique capacity of theatre to humanise contemporary debate concerning the powers of the crown and the extent to which these were limited by law. The autonomous subject of law is represented in the plays considered here as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law, as recorded in juristic texts and law reports of the early modern era. Each chapter reflects a particular aspect of constitutional development in the late-Elizabethan state. These include abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class citizenry, empowered by the ascendancy of contract law; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law. The plays discussed offer persuasive images both of the crown's absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. 'It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for "constitutional moments", moments when the zeitgeist is so transformed that our fundamental legal charter changes with it. In this breathtakingly erudite book, Paul Raffield argues that the late-Elizabethan period was such a "constitutional moment" in England, a moment literally "played out" for the polity by the greatest dramatist of all time. A lawyer and a thespian, Raffield handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.' Kenji Yoshino Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law
