Shakespeare and the Legal Imagination

Shakespeare and the Legal Imagination
Author: Ian Ward
Publisher: Cambridge University Press
Total Pages: 258
Release: 1999-07
Genre: Drama
ISBN: 9780406988034

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.

The Legal Imagination

The Legal Imagination
Author: James Boyd White
Publisher: University of Chicago Press
Total Pages: 328
Release: 1985-12-15
Genre: Law
ISBN: 0226894932

White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal

Shakespeare and the Law

Shakespeare and the Law
Author: Bradin Cormack
Publisher: University of Chicago Press
Total Pages: 342
Release: 2016-07-11
Genre: Law
ISBN: 022637856X

"William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life; trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. Shakespeare and the Law opens with three essays that provide useful frameworks for approaching the topic, offering perspectives on law and literature that emphasize both the continuities and the contrasts between the two fields. In its second section, the book considers Shakespeare's awareness of common-law thinking and practice through examinations of Measure for Measure and Othello. Building and expanding on this question, the third part inquires into Shakespeare's general attitudes toward legal systems. A judge and former solicitor general rule on Shylock's demand for enforcement of his odd contract; and two essays by literary scholars take contrasting views on whether Shakespeare could imagine a functioning legal system. The fourth section looks at how law enters into conversation with issues of politics and community, both in the plays and in our own world. The volume concludes with a freewheeling colloquy among Supreme Court Justice Stephen G. Breyer, Judge Richard A. Posner, Martha C. Nussbaum, and Richard Strier that covers everything from the ghost in Hamlet to the nature of judicial discretion"--Jacket.

Kill All the Lawyers?

Kill All the Lawyers?
Author: Daniel Kornstein
Publisher: U of Nebraska Press
Total Pages: 296
Release: 2005-01-01
Genre: Literary Criticism
ISBN: 9780803278219

Two-thirds of Shakespeare?s plays have trial scenes, and many deal specifically with lawyers, courts, judges, and points of law. Daniel Kornstein, a practicing attorney, looks at the legal issues and aspects of Shakespeare?s plays and finds fascinating parallels with many legal and social questions of the present day. The Elizabethan age was as litigious as our own, and Shakespeare was very familiar with the language and procedures of the courts. Kill All the Lawyers? examines the ways in which Shakespeare used the law for dramatic effect and incorporated the passion for justice into his great tragedies and comedies and considers the modern legal relevance of his work. ø This is a ground-breaking study in the field of literature and the law, ambitious and suggestive of the value of both our literary and our legal inheritance.

Shakespeare's Imaginary Constitution

Shakespeare's Imaginary Constitution
Author: Paul Raffield
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2010-10-28
Genre: Law
ISBN: 1847316069

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

The Law in Shakespeare

The Law in Shakespeare
Author: C. Jordan
Publisher: Springer
Total Pages: 297
Release: 2006-12-12
Genre: History
ISBN: 0230626343

Leading scholars in the field analyze Shakespeare's plays to show how their dramatic content shapes issues debated in conflicts arising from the creation and application of law. Individual essays focus on such topics such as slander, revenge, and royal prerogative; these studies reveal the problems confronting early modern English men and women.

The Art of Law in Shakespeare

The Art of Law in Shakespeare
Author: Paul Raffield
Publisher: Bloomsbury Publishing
Total Pages: 517
Release: 2017-02-09
Genre: Law
ISBN: 1509905480

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).

Shakespeare and the Law

Shakespeare and the Law
Author: Gary Watt
Publisher: Oxford University Press
Total Pages: 209
Release: 2024-10-24
Genre: Literary Criticism
ISBN: 0198877099

Shakespeare and the Law appreciates Shakespeare and his works as expressions of an English early modern culture in which the shared rhetorical practices of dramatists and lawyers were informed by the renaissance of classical practice. It argues that Shakespeare was not primarily concerned with the technical accuracy of law, legal ideas, and legal performances, but with their capacity to generate dramatic interest through dispute, trial, the breaking of bonds, and the bending of rules. It follows that all Shakespeare's plays are in a sense “law plays”. Rhetorical practices can emerge as performances of power, but in Shakespeare's works they show more as instances of the human instinct to challenge power by playing with rules. Shakespeare employs the special magic of legal language, actions, and materials to conjure playgoers to act as a critical jury to events transacted on stage. This calls for close attention to Shakespeare's poetic sound effects and the ways they prompt audiences to confer a fair hearing.

Law and Love

Law and Love
Author: Paul W. Kahn
Publisher: Yale University Press
Total Pages: 232
Release: 2000-01-01
Genre: Literary Criticism
ISBN: 9780300078282

"Law and Love shows what the best interdisciplinary work can achieve. In addition to providing surprising new readings of all of the major characters in the play, this book expands the horizons of literary studies by introducing the concerns of the legal imagination, and it introduces law into the heart of cultural studies."--BOOK JACKET.

Law and Empire in English Renaissance Literature

Law and Empire in English Renaissance Literature
Author: Brian C. Lockey
Publisher: Cambridge University Press
Total Pages: 204
Release: 2006-08-31
Genre: Literary Criticism
ISBN: 1139458574

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.