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Custom Common Law And The Constitution Of English Renaissance Literature
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Book Synopsis Custom, Common Law, and the Constitution of English Renaissance Literature by : Stephanie Elsky
Download or read book Custom, Common Law, and the Constitution of English Renaissance Literature written by Stephanie Elsky and published by Oxford University Press, USA. This book was released on 2020-07-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the concept of custom, the basis of England's common law, in literary experiments of sixteenth-century England and Ireland.
Book Synopsis Custom, Common Law, and the Constitution of English Renaissance Literature by : Stephanie Elsky
Download or read book Custom, Common Law, and the Constitution of English Renaissance Literature written by Stephanie Elsky and published by Oxford University Press. This book was released on 2020-09-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.
Book Synopsis Law and Empire in English Renaissance Literature by : Brian C. Lockey
Download or read book Law and Empire in English Renaissance Literature written by Brian C. Lockey and published by Cambridge University Press. This book was released on 2006-08-31 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early modern literature played a key role in the formation of the legal justification for imperialism. As the English colonial enterprise developed, the existing legal tradition of common law no longer solved the moral dilemmas of the new world order, in which England had become, instead of a victim of Catholic enemies, an aggressive force with its own overseas territories. Writers of romance fiction employed narrative strategies in order to resolve this difficulty and, in the process, provided a legal basis for English imperialism. Brian Lockey analyses works by such authors as Shakespeare, Spenser and Sidney in the light of these legal discourses, and uncovers new contexts for the genre of romance. Scholars of early modern literature, as well as those interested in the history of law as the British Empire emerged, will learn much from this insightful and ambitious study.
Download or read book Symbolism 21 written by Florian Klaeger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-10-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special Focus: Law and Literature This special focus issue of Symbolism takes a look at the theoretical equation of law and literature and its inherent symbolic dimension. The authors all approach the subject from the perspective of literary and book studies, foregrounding literature’s potential to act as supplementary to a very wide variety of laws spread over historical, geographical, cultural and spatial grounds. The theoretical ground laid here thus posits both literature and law in the narrow sense. The articles gathered in this special issue analyse Anglophone literatures from the Renaissance to the present day and cover the three major genres, narrative, drama and poetry. The contributions address questions of the law’s psychoanalytic subconscious, copyright and censorship, literary negotiations of colonial and post-colonial territorial laws, the European ‘refugee debate’ and migration narratives, fictional debates on climate change, contemporary feminist drama and classic 19th-century legal narratives. This volume includes two insightful analyses of poetic texts with a special focus on the fact that poetry has often been neglected within the field of law and literature research. Special Focus editor: Franziska Quabeck, Westfälische Wilhelms-Universität Münster, Germany.
Book Synopsis Shakespeare Survey 74 by : Emma Smith
Download or read book Shakespeare Survey 74 written by Emma Smith and published by Cambridge University Press. This book was released on 2021-09-16 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Shakespeare Survey 74 by : Emma Smith
Download or read book Shakespeare Survey 74 written by Emma Smith and published by Shakespeare Survey. This book was released on 2021-09-16 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shakespeare Survey is a yearbook of Shakespeare studies and production. 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.
Book Synopsis Shakespeare's Strangers and English Law by : Paul Raffield
Download or read book Shakespeare's Strangers and English Law written by Paul Raffield and published by Bloomsbury Publishing. This book was released on 2023-01-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through analysis of 5 plays by Shakespeare, Paul Raffield examines what it meant to be a 'stranger' to English law in the late Elizabethan and early Jacobean period. The numbers of strangers increased dramatically in the late sixteenth century, as refugees fled religious persecution in continental Europe and sought sanctuary in Protestant England. In the context of this book, strangers are not only persons ethnically or racially different from their English counterparts, be they immigrants, refugees, or visitors. The term also includes those who transgress or are simply excluded by their status from established legal norms by virtue of their faith, sexuality, or mode of employment. Each chapter investigates a particular category of 'stranger'. Topics include the treatment of actors in late Elizabethan England and the punishment of 'counterfeits' (Measure for Measure); the standing of refugees under English law and the reception of these people by the indigenous population (The Comedy of Errors); the establishment of 'Troynovant' as an international trading centre on the banks of the Thames (Troilus and Cressida); the role of law and the state in determining the rights of citizens and aliens (The Merchant of Venice); and the disenfranchised, estranged position of the citizen in a dysfunctional society and an acephalous realm (King Lear). This is the third sole-authored book by Paul Raffield on the subject of Shakespeare and the Law. The others are Shakespeare's Imaginary Constitution: Late Elizabethan Politics and the Theatre of Law (2010) and The Art of Law in Shakespeare (2017), both published by Hart/Bloomsbury.
Book Synopsis Great Trials and the Law in the Historical Imagination by : Russell L. Dees
Download or read book Great Trials and the Law in the Historical Imagination written by Russell L. Dees and published by Taylor & Francis. This book was released on 2022-07-29 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great Trials and the Law in the Historical Imagination: A Law and Humanities Approach introduces readers to the history of law and issues in historical, legal, and artistic interpretation by examining six well-known historical trials through works of art that portray them. Great Trials provides readers with an accessible, non-dogmatic introduction to the interdisciplinary ‘law and humanities’ approach to law, legal history, and legal interpretation. By examining how six famous/notorious trials in Western history have been portrayed in six major works of art, the book shows how issues of legal, historical, and artistic interpretation can become intertwined: the different ways we embed law in narrative, how we bring conscious and subconscious conceptions of history to our interpretation of law, and how aesthetic predilections and moral commitments to the law may influence our views of history. The book studies well-known depictions of the trials of Socrates, Cicero, Jesus, Thomas More, the Salem ‘witches’, and John Scopes and provides innovative analyses of those works. The epilogue examines how historical methodology and historical imagination are crucial to both our understanding of the law and our aesthetic choices through various readings of Harper Lee’s beloved character, Atticus Finch. The first book to employ a ‘law and humanities’ approach to delve into the institution of the trial, and what it means in different legal systems at different historical times, this book will appeal to academics, students and others with interests in legal history, law and popular culture and law and the humanities.
Book Synopsis Legal Reform in English Renaissance Literature by : Virginia Lee Strain
Download or read book Legal Reform in English Renaissance Literature written by Virginia Lee Strain and published by Edinburgh University Press. This book was released on 2018-03-14 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's 'Faerie Queene', the 'Gesta Grayorum', Donne's 'Satyre V', and Shakespeare's 'Measure for Measure' and 'The Winter's Tale', Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Reevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works. Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.
Book Synopsis Performing Copyright by : Luke McDonagh
Download or read book Performing Copyright written by Luke McDonagh and published by Bloomsbury Publishing. This book was released on 2021-06-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on empirical research, this innovative book explores issues of performativity and authorship in the theatre world under copyright law and addresses several inter-connected questions: who is the author and first owner of a dramatic work? Who gets the credit and the licensing rights? What rights do the performers of the work have? Given the nature of theatre as a medium reliant on the re-use of prior existing works, tropes, themes and plots, what happens if an allegation of copyright infringement is made against a playwright? Furthermore, who possesses moral rights over the work? To evaluate these questions in the context of theatre, the first part of the book examines the history of the dramatic work both as text and as performative work. The second part explores the notions of authorship and joint authorship under copyright law as they apply to the actual process of creating plays, referring to legal and theatrical literature, as well as empirical research. The third part looks at the notion of copyright infringement in the context of theatre, noting that cases of alleged theatrical infringement reach the courts comparatively rarely in comparison with music cases, and assessing the reasons for this with respect to empirical research. The fourth part examines the way moral rights of attribution and integrity work in the context of theatre. The book concludes with a prescriptive comment on how law should respond to the challenges provided by the theatrical context, and how theatre should respond to law. Very original and innovative, this book proposes a ground-breaking empirical approach to study the implications of copyright law in society and makes a wonderful case for the need to consider the reciprocal influence between law and practice.
Book Synopsis Rogue Sexuality in Early Modern English Literature by : Ari Friedlander
Download or read book Rogue Sexuality in Early Modern English Literature written by Ari Friedlander and published by Oxford University Press. This book was released on 2023-01-17 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "rogue," a term that described criminals, prostitutes, vagrants, beggars, and the unemployed, dominated the pages of early modern popular crime literature. Rogue Sexuality resituates the rogue by focusing on how their menace—and their seductive appeal—emerged not only from their social marginality, but also from their supposedly excessive sexuality and prodigious sexual reproduction. Through discussions of both familiar and little-studied early modern works by William Shakespeare, John Milton, Ben Jonson, Thomas Middleton, Thomas Dekker, Robert Greene, Thomas Harman, and the inventor of modern demography John Graunt, this volume posits the sexualized rogue as the avatar of a new category of "socio-sexual identity" and traces a surprising social transposition, in which socio-political elites are portrayed as appropriating the rogue's sexual vitality and performative charisma to navigate moments of crisis. By tracking the movement of rogue sexuality from a criminal to a normative discursive register, this book challenges the distinctions that literary critics and historians tend to draw between orderly and disorderly sexuality. With its focus on reproduction, rogue sexuality also provides a new framework for what Michel Foucault called "biopolitics," the state's focus on exercising power over life. In legal, administrative, and scientific documents, this book shows that early modern writers grappled with popular pamphlets' rendering of the alleged threat of rogue reproduction. Rogue Sexuality thus offers a new approach to the political history of early modern England as a population—as a people whose aggregate sexual life and reproduction were a key part of its political imagination.
Book Synopsis Law as Performance by : Julie Stone Peters
Download or read book Law as Performance written by Julie Stone Peters and published by Oxford University Press. This book was released on 2022-04-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.
Book Synopsis English Law and the Renaissance by : Frederic William Maitland
Download or read book English Law and the Renaissance written by Frederic William Maitland and published by Good Press. This book was released on 2021-05-20 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lecture was delivered at Cambridge University as a Rede's lecture in 1901 discussing English law during the Renaissance. English historian and lawyer Frederic William Maitland, in this lecture, describes the age as was the period of the Reformation, the age of the Renaissance, but more importantly, it was also the age of 'Reception' -the reception of Roman law. During this time, Roman law drove German law out of Germany or forced it to limit itself in subtle forms and hidden corners. The "Sir Robert Rede's Lecturer" is an annual arrangement to give a public lecture at the University of Cambridge. It is named on Sir Robert Rede, who was Chief Justice of the Common Pleas in the sixteenth century.
Book Synopsis A Power to Do Justice by : Bradin Cormack
Download or read book A Power to Do Justice written by Bradin Cormack and published by University of Chicago Press. This book was released on 2009-10-15 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When the common law engaged with other court systems in England, when it encountered territories like Ireland and France, or when it confronted the ocean as a juridical space, the law revealed its qualities of ingenuity and improvisation. In other words, as Bradin Cormack argues, jurisdictional crisis made visible the law’s resemblance to the literary arts. A Power to Do Justice shows how Renaissance writers engaged the practical and conceptual dynamics of jurisdiction, both as a subject for critical investigation and as a frame for articulating literature’s sense of itself. Reassessing the relation between English literature and law from More to Shakespeare, Cormack argues that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law’s power, even as they clarify the forms of intensification that make literary space a reality. Tracking cultural responses to Renaissance jurisdictional thinking and legal centralization, A Power to Do Justice makes theoretical, literary-historical, and methodological contributions that set a new standard for law and the humanities and for the cultural history of early modern law and literature.
Book Synopsis English Law and the Renaissance; the Rede Lecture For 1901 by : Frederic William Maitland
Download or read book English Law and the Renaissance; the Rede Lecture For 1901 written by Frederic William Maitland and published by Theclassics.Us. This book was released on 2013-09 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ... of Germany in which the law was least Roman and most Germanic. The division of France into two great districts was not equal: before the acquisition of Elsass from Germany 'les pays de droit ecrit comprenaient a peine les deux cinquiemes de la France1 (Planiol, op. cit, vol. I., p. 11). See the useful map in Brissaud, Histoire du droit francais, p. 152. Even in the south there was much customary law. A famous sentence in the custumal of Bordeaux placed'the written law' below 'natural reason' (Viollet, op. cit., p. 150). Still it is not to be denied that a slow process of romanization-- very different from the catastrophic Reception in Germany--went on steadily for some five or six centuries; and a system which as a whole seems very un-Roman to a student of what became ' the common law1 of Germany may rightly seem Roman to an Englishman. Francis Bacon knew that France could not be compendiously described as a country governed by the civil law. In his speech on the Union of Laws (Spedding, Life and Letters, vol. III., P- 337) ne accurately distinguishes 'Gascoigne, Languedock, Provence, Dolphinie' which are 'governed by the letter or text of the civil law' from 'the Isle of France, Tourayne, Berry, Anjou and the rest, and most of all Brittain and Normandy, ' which are 'governed by customs which amount unto a municipal law, and use the civil law but only for grounds and to decide new and rare cases.' English readers should at least know the doctrine, strongly advocated in modern Germany, that the private law which was developed in England by a French-speaking court was just one more French coutume. Sohm, Frankisches Recht und romisches Recht, p. 69: 'Die Vorgeschichte des englischen Rechts von heute hat nicht in England, sondern in..
Book Synopsis The Common Law Mind by : James W. Tubbs
Download or read book The Common Law Mind written by James W. Tubbs and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars of comparative law and English legal history have traditionally distinguished the civil law's emphasis on legislation as the primary source of legal authority from the common law's emphasis on custom and on case law. In The Common Law Mind, lawyer and political scientist James Tubbs finds little evidence to support this and other traditional understandings of English jurisprudence. Examining thousands of legal and judicial documents for references to the nature and authority of custom, case law, statutes, equity, and reason, Tubbs depicts the tensions within and the evolution of English legal thought between the twelfth and seventeenth centuries. Most lawyers, he concludes, never thought of all English law as customary in nature and never understood the common law to be a fundamental law, superior to statute. Instead, statute law was much more central to English jurisprudence than has usually been believed, and it was always understood to be superior in authority to the common law. The Common Law Mind revises a whole tradition of thinking about the nature and development of common law and its role in statutory interpretation.
Book Synopsis English Law and the Renaissance by : Frederic William Maitland
Download or read book English Law and the Renaissance written by Frederic William Maitland and published by . This book was released on 1901 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
