Custom Common Law And The Constitution Of English Renaissance Literature

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Custom, Common Law, and the Constitution of English Renaissance Literature

Author : Stephanie Elsky
Publisher : Oxford University Press
Page : 240 pages
File Size : 41,6 Mb
Release : 2020-09-17
Category : Literary Criticism
ISBN : 9780192605849

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Custom, Common Law, and the Constitution of English Renaissance Literature by Stephanie Elsky Pdf

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.

Law and Empire in English Renaissance Literature

Author : Brian C. Lockey
Publisher : Cambridge University Press
Page : 204 pages
File Size : 49,6 Mb
Release : 2006-08-31
Category : Literary Criticism
ISBN : 9781139458573

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Law and Empire in English Renaissance Literature by Brian C. Lockey Pdf

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.

Symbolism 21

Author : Florian Klaeger,Klaus Stierstorfer,Marlena Tronicke
Publisher : Walter de Gruyter GmbH & Co KG
Page : 300 pages
File Size : 54,9 Mb
Release : 2021-10-25
Category : Literary Criticism
ISBN : 9783110756456

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Symbolism 21 by Florian Klaeger,Klaus Stierstorfer,Marlena Tronicke Pdf

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.

The Invention of Custom

Author : Francesca Iurlaro
Publisher : Oxford University Press
Page : 305 pages
File Size : 46,5 Mb
Release : 2022-01-22
Category : Customary law
ISBN : 9780192897954

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The Invention of Custom by Francesca Iurlaro Pdf

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

Shakespeare Survey 74

Author : Emma Smith
Publisher : Unknown
Page : 460 pages
File Size : 46,8 Mb
Release : 2021-09
Category : Drama
ISBN : 9781009041089

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Shakespeare Survey 74 by Emma Smith Pdf

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.

Legal Reform in English Renaissance Literature

Author : Virginia Lee Strain
Publisher : Edinburgh University Press
Page : 229 pages
File Size : 47,8 Mb
Release : 2018-03-14
Category : Law
ISBN : 9781474416306

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Legal Reform in English Renaissance Literature by Virginia Lee Strain Pdf

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.

Shakespeare's Strangers and English Law

Author : Paul Raffield
Publisher : Bloomsbury Publishing
Page : 305 pages
File Size : 45,6 Mb
Release : 2023-01-26
Category : Law
ISBN : 9781509929863

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Shakespeare's Strangers and English Law by Paul Raffield Pdf

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.

Great Trials and the Law in the Historical Imagination

Author : Russell L. Dees
Publisher : Taylor & Francis
Page : 174 pages
File Size : 41,8 Mb
Release : 2022-07-29
Category : Law
ISBN : 9781000626100

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Great Trials and the Law in the Historical Imagination by Russell L. Dees Pdf

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.

English Law and the Renaissance

Author : Frederic William Maitland
Publisher : Good Press
Page : 66 pages
File Size : 40,9 Mb
Release : 2021-05-20
Category : History
ISBN : EAN:4064066093884

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English Law and the Renaissance by Frederic William Maitland Pdf

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.

Performing Copyright

Author : Luke McDonagh
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 48,9 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781509927043

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Performing Copyright by Luke McDonagh Pdf

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.

Rogue Sexuality in Early Modern English Literature

Author : Ari Friedlander
Publisher : Oxford University Press
Page : 225 pages
File Size : 52,5 Mb
Release : 2023-01-17
Category : Literary Criticism
ISBN : 9780192677952

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Rogue Sexuality in Early Modern English Literature by Ari Friedlander Pdf

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.

Libels and Theater in Shakespeare's England

Author : Joseph Mansky
Publisher : Cambridge University Press
Page : 267 pages
File Size : 40,9 Mb
Release : 2023-09-30
Category : Literary Criticism
ISBN : 9781009362764

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Libels and Theater in Shakespeare's England by Joseph Mansky Pdf

The first comprehensive history of the Elizabethan libel, this interdisciplinary account traces a viral and often virulent media ecosystem.

A Power to Do Justice

Author : Bradin Cormack
Publisher : University of Chicago Press
Page : 423 pages
File Size : 40,9 Mb
Release : 2009-10-15
Category : Literary Criticism
ISBN : 9780226116259

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A Power to Do Justice by Bradin Cormack Pdf

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.

The Common Law Mind

Author : James W. Tubbs
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2000
Category : Common law
ISBN : 0801862094

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The Common Law Mind by James W. Tubbs Pdf

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.

Law as Performance

Author : Julie Stone Peters
Publisher : Oxford University Press
Page : 367 pages
File Size : 55,6 Mb
Release : 2022-04-14
Category : Literary Criticism
ISBN : 9780192653598

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Law as Performance by Julie Stone Peters Pdf

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.