The Culture Of Equity In Early Modern England

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The Culture of Equity in Early Modern England

Author : Mark Fortier
Publisher : Routledge
ISBN 13 : 1317036662
Total Pages : 240 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Culture of Equity in Early Modern England by : Mark Fortier

Download or read book The Culture of Equity in Early Modern England written by Mark Fortier and published by Routledge. This book was released on 2016-03-16 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

The Culture of Equity in Early Modern England

Author : Mark Fortier
Publisher : Routledge
ISBN 13 : 1317036670
Total Pages : 232 pages
Book Rating : 4.3/5 (17 download)

DOWNLOAD NOW!

Book Synopsis The Culture of Equity in Early Modern England by : Mark Fortier

Download or read book The Culture of Equity in Early Modern England written by Mark Fortier and published by Routledge. This book was released on 2016-03-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

The Culture of Equity in Restoration and Eighteenth-Century Britain and America

Author : Mark Fortier
Publisher : Routledge
ISBN 13 : 1317036646
Total Pages : 162 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Culture of Equity in Restoration and Eighteenth-Century Britain and America by : Mark Fortier

Download or read book The Culture of Equity in Restoration and Eighteenth-Century Britain and America written by Mark Fortier and published by Routledge. This book was released on 2016-03-16 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.

Women, Murder, and Equity in Early Modern England

Author : Randall Martin
Publisher : Routledge
ISBN 13 : 1135899444
Total Pages : 354 pages
Book Rating : 4.1/5 (358 download)

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Book Synopsis Women, Murder, and Equity in Early Modern England by : Randall Martin

Download or read book Women, Murder, and Equity in Early Modern England written by Randall Martin and published by Routledge. This book was released on 2007-12-12 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive study of over 120 printed news reports of murders and infanticides committed by early modern women. It offers an interdisciplinary analysis of female homicide in post-Reformation news formats ranging from ballads to newspapers. Individual cases are illuminated in relation to changing legal, religious, and political contexts, as well as the dynamic growth of commercial crime-news and readership.

Conscience, Equity and the Court of Chancery in Early Modern England

Author : Dennis R. Klinck
Publisher : Routledge
ISBN 13 : 1317161955
Total Pages : 328 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Conscience, Equity and the Court of Chancery in Early Modern England by : Dennis R. Klinck

Download or read book Conscience, Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Conscience, Equity and the Court of Chancery in Early Modern England

Author : Dennis R. Klinck
Publisher : Routledge
ISBN 13 : 1317161947
Total Pages : 380 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Conscience, Equity and the Court of Chancery in Early Modern England by : Dennis R. Klinck

Download or read book Conscience, Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Skepticism and Belief in Early Modern England

Author : Melissa M. Caldwell
Publisher : Routledge
ISBN 13 : 1317054547
Total Pages : 250 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Skepticism and Belief in Early Modern England by : Melissa M. Caldwell

Download or read book Skepticism and Belief in Early Modern England written by Melissa M. Caldwell and published by Routledge. This book was released on 2016-09-13 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central thesis of this book is that skepticism was instrumental to the defense of orthodox religion and the development of the identity of the Church of England. Examining the presence of skepticism in non-fiction prose literature at four transitional moments in English Protestant history during which orthodoxy was challenged and revised, Melissa Caldwell argues that a skeptical mode of thinking is embedded in the literary and rhetorical choices made by English writers who straddle the project of reform and the maintenance of orthodoxy after the Reformation in England. Far from being a radical belief simply indicative of an emerging secularism, she demonstrates the varied and complex appropriations of skeptical thought in early modern England. By examining a selection of various kinds of literature-including religious polemic, dialogue, pamphlets, sermons, and treatises-produced at key moments in early modern England’s religious history, Caldwell shows how the writers under consideration capitalized on the unscripted moral space that emerged in the wake of the Reformation. The result was a new kind of discourse--and a new form of orthodoxy--that sought both to exploit and to contain the skepticism unearthed by the Reformation.

The Politics of Grace in Early Modern Literature

Author : Deni Kasa
Publisher : Stanford University Press
ISBN 13 : 1503638316
Total Pages : 295 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Politics of Grace in Early Modern Literature by : Deni Kasa

Download or read book The Politics of Grace in Early Modern Literature written by Deni Kasa and published by Stanford University Press. This book was released on 2024-03-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of how early modern poets used the theological concept of grace to reimagine their political communities. The Protestant belief that salvation was due to sola gratia, or grace alone, was originally meant to inspire religious reform. But, as Deni Kasa shows, poets of the period used grace to interrogate the most important political problems of their time, from empire and gender to civil war and poetic authority. Kasa examines how four writers—John Milton, Edmund Spenser, Aemilia Lanyer, and Abraham Cowley—used the promise of grace to develop idealized imagined communities, and not always egalitarian ones. Kasa analyzes the uses of grace to make new space for individual and collective agency in the period, but also to validate domination and inequality, with poets and the educated elite inserted as mediators between the gift of grace and the rest of the people. Offering a literary history of politics in a pre-secular age, Kasa shows that early modern poets mapped salvation onto the most important conflicts of their time in ways missed by literary critics and historians of political thought. Grace, Kasa demonstrates, was an important means of expression and a way to imagine impossible political ideals.

Playbooks and their Readers in Early Modern England

Author : Hannah August
Publisher : Taylor & Francis
ISBN 13 : 1000563111
Total Pages : 326 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Playbooks and their Readers in Early Modern England by : Hannah August

Download or read book Playbooks and their Readers in Early Modern England written by Hannah August and published by Taylor & Francis. This book was released on 2022-04-24 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive examination of commercial drama as a reading genre in early modern England. Taking as its focus pre-Restoration printed drama’s most common format, the single-play quarto playbook, it interrogates what the form and content of these playbooks can tell us about who their earliest readers were, why they might have wanted to read contemporary commercial drama, and how they responded to the printed versions of plays that had initially been performed in the playhouses of early modern London. Focusing on professional plays printed in quarto between 1584 and 1660, the book juxtaposes the implications of material and paratextual evidence with analysis of historical traces of playreading in extant playbooks and manuscript commonplace books. In doing so, it presents more detailed and nuanced conclusions than have previously been enabled by studies focused on works by one author or on a single type of evidence.

Authority, Gender and Emotions in Late Medieval and Early Modern England

Author : Susan Broomhall
Publisher : Springer
ISBN 13 : 1137531169
Total Pages : 229 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Authority, Gender and Emotions in Late Medieval and Early Modern England by : Susan Broomhall

Download or read book Authority, Gender and Emotions in Late Medieval and Early Modern England written by Susan Broomhall and published by Springer. This book was released on 2015-07-21 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores how situations of authority, governance, and influence were practised through both gender ideologies and affective performances in medieval and early modern England. Authority is inherently relational it must be asserted over someone who allows or is forced to accept this dominance. The capacity to exercise authority is therefore a social and cultural act, one that is shaped by social identities such as gender and by social practices that include emotions. The contributions in this volume, exploring case studies of women and men's letter-writing, political and ecclesiastical governance, household rule, exercise of law and order, and creative agency, investigate how gender and emotions shaped the ways different individuals could assert or maintain authority, or indeed disrupt or provide alternatives to conventional practices of authority.

Early Modern Catholics, Royalists, and Cosmopolitans

Author : Brian C. Lockey
Publisher : Routledge
ISBN 13 : 1317147103
Total Pages : 388 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Early Modern Catholics, Royalists, and Cosmopolitans by : Brian C. Lockey

Download or read book Early Modern Catholics, Royalists, and Cosmopolitans written by Brian C. Lockey and published by Routledge. This book was released on 2016-03-09 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Modern Catholics, Royalists, and Cosmopolitans considers how the marginalized perspective of 16th-century English Catholic exiles and 17th-century English royalist exiles helped to generate a form of cosmopolitanism that was rooted in contemporary religious and national identities but also transcended those identities. Author Brian C. Lockey argues that English discourses of nationhood were in conversation with two opposing 'cosmopolitan' perspectives, one that sought to cultivate and sustain the emerging English nationalism and imperialism and another that challenged English nationhood from the perspective of those Englishmen who viewed the kingdom as one province within the larger transnational Christian commonwealth. Lockey illustrates how the latter cosmopolitan perspective, produced within two communities of exiled English subjects, separated in time by half a century, influenced fiction writers such as Sir Philip Sidney, Edmund Spenser, Anthony Munday, Sir John Harington, John Milton, and Aphra Behn. Ultimately, he shows that early modern cosmopolitans critiqued the emerging discourse of English nationhood from a traditional religious and political perspective, even as their writings eventually gave rise to later secular Enlightenment forms of cosmopolitanism.

Shakespeare, Revenge Tragedy and Early Modern Law

Author : Derek Dunne
Publisher : Springer
ISBN 13 : 1137572876
Total Pages : 229 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Shakespeare, Revenge Tragedy and Early Modern Law by : Derek Dunne

Download or read book Shakespeare, Revenge Tragedy and Early Modern Law written by Derek Dunne and published by Springer. This book was released on 2016-04-12 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.

Trust and Distrust

Author : Mark Knights
Publisher : Oxford University Press
ISBN 13 : 0198796242
Total Pages : 505 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Trust and Distrust by : Mark Knights

Download or read book Trust and Distrust written by Mark Knights and published by Oxford University Press. This book was released on 2022-01-08 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark Knights offers the first overview of Britain's history of corruption in office in the pre-modern era, 1600-1850. Drawing on extensive archival material, Knights shows how corruption in the domestic and imperial spheres interacted, and how the concept of corruption developed during this period, changing British ideas of trust and distrust.

An Introduction to English Legal History

Author : John Baker
Publisher : Oxford University Press
ISBN 13 : 0198812604
Total Pages : 704 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis An Introduction to English Legal History by : John Baker

Download or read book An Introduction to English Legal History written by John Baker and published by Oxford University Press. This book was released on 2019 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

Libels and Theater in Shakespeare's England

Author : Joseph Mansky
Publisher : Cambridge University Press
ISBN 13 : 1009362763
Total Pages : 267 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Libels and Theater in Shakespeare's England by : Joseph Mansky

Download or read book Libels and Theater in Shakespeare's England written by Joseph Mansky and published by Cambridge University Press. This book was released on 2023-09-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive history of the Elizabethan libel, this interdisciplinary account traces a viral and often virulent media ecosystem.

Shakespeare and Judgment

Author : Kevin Curran
Publisher : Edinburgh University Press
ISBN 13 : 147441317X
Total Pages : 271 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Shakespeare and Judgment by : Kevin Curran

Download or read book Shakespeare and Judgment written by Kevin Curran and published by Edinburgh University Press. This book was released on 2016-10-27 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ranging widely across law, aesthetics, religion, and philosophy, this book offers the first account of the place of judgment in Shakespearean dramaShakespeare and Judgment gathers together an international group of scholars to address for the first time the place of judgment in Shakespearean drama. Contributors approach the topic from a variety of cultural and theoretical perspectives, covering plays from across Shakespeare's career and from each of the genres in which he wrote. Anchoring the volume are two critical contentions: first, that attending to Shakespeare's treatment of judgment leads to fresh insights about the imaginative relationship between law, theater, and aesthetics in early modern England; and second, that it offers new ways of putting the plays' historical and philosophical contexts into conversation. Taken together, the essays in Shakespeare and Judgment offer a genuinely new account of the historical and intellectual coordinates of Shakespeare's plays. Building on current work in legal studies, religious studies, theater history, and critical theory, the volume will be of interest to a wide range of scholars working on Shakespeare and early modern drama. Key FeaturesProvides the first account of the place of judgment in Shakespearean dramaOffers a fresh perspective on the imaginative relationship between law, religion, and aesthetics in Shakespeare's playsModels new ways of putting the plays' historical and philosophical contexts into conversation.

Common Law and Enlightenment in England, 1689-1750

Author : Julia Rudolph
Publisher :
ISBN 13 : 1843838044
Total Pages : 340 pages
Book Rating : 4.8/5 (438 download)

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Book Synopsis Common Law and Enlightenment in England, 1689-1750 by : Julia Rudolph

Download or read book Common Law and Enlightenment in England, 1689-1750 written by Julia Rudolph and published by . This book was released on 2013 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.