Law, Equity and Romantic Writing


Book Description

This provocative and timely volume examines the activity of seeking justice through literature during the 'age of revolutions' from 1750 to 1850 - a period which was marked by efforts to expand political and human rights and to rethink attitudes towards poverty and criminality. While the chapters revolve around legal topics, they concentrate on literary engagements with the experience of the law, revealing how people perceived the fairness of a given legal order and worked with and against regulations to adjust the rule of law to the demands of conscience. The volume updates analysis of this conflict between law and equity by drawing on the concept of 'epistemic injustice' to describe the harm done to personal identity and collective flourishing by the uneven distribution of resources and the wish to punish breaches of order. It shows how writing and reading can foment inquiries into the meanings of 'justice' and 'equity' and aid efforts to humanise the rule of law.




The Right to a Fair Trial


Book Description

The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.







Blasphemy and Politics in Romantic Literature


Book Description

This book argues for the importance of blasphemy in shaping the literature and readership of Percy Bysshe Shelley and of the Romantic period more broadly. Not only are perceptions of blasphemy taken to be inextricable from politics, this book also argues for blasphemous ‘irreverence’ as both inspiring and necessitating new poetic creativity. The book reveals the intersection of blasphemy, censorship and literary property throughout the ‘Long Eighteenth Century’, attesting to the effect of this connection on Shelley’s poetry more specifically. Paul Whickman notes how Shelley’s perceived blasphemy determined the nature and readership of his published works through censorship and literary piracy. Simultaneously, Whickman crucially shows that aesthetics, content and the printed form of the physical text are interconnected and that Shelley’s political and philosophical views manifest themselves in his writing both formally and thematically.




The Invention of Northern Aesthetics in 18th-Century English Literature


Book Description

Free, romantic, and individualistic, Britain’s self-image in the eighteenth century constructs itself in opposition to the dominant power of a southern European aesthetics. Offering a fresh understanding of how the British intelligentsia created a ‘Northern’ aesthetics to challenge the European yoke, this book explores the roots of British Romanticism and a newly created past. Literature, the arts, architecture, and gardening all contributed to the creation of this national, ‘enlightened’, Northern cultural environment, with its emphasis on a home-grown legal tradition, on a heroic Celtic past, and on the imagined democracy of King Arthur and his Roundtable of Knights as a prophetic precursor of Constitutional Monarchy. Set against the European Grand Tour, the British turned to the Domestic, Picturesque Anti-Grand-Tour, and alongside a classical literary heritage championed British authors and British empiricism, against continental religion that sanctioned an authoritarian politics that the Gothic Novel mocks. However, if empiricism and common law were vital to this emerging tradition, so too was the other driving force of Britain’s medieval inheritance, the fantasy world of mythic heroes and a celebration of what would come to be known as the ‘fairy way of writing’.










The Arts and the Legal Academy


Book Description

In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.




William Blake and the Visionary Law


Book Description

This book examines the difficult relationship between individual intellectual freedom and the legal structures which govern human societies in William Blake’s works, showing that this tension carries a political urgency that has not yet been recognised by scholars in the field. In doing so, it offers a new approach to Blake’s corpus that builds on the literary and cultural historical work of recent decades. Blake’s pronouncements about law may often sound biblical in tone; but this book argues that they directly address (and are informed by) eighteenth-century legal debates concerning the origin of the English common law, the autonomy of the judicature, the increasing legislative role of Parliament, and the emergence of the notions of constitutionalism and natural rights. Through a study of his illuminated books, manuscript works, notebook drafts and annotations, this study considers Blake’s understanding that law is both integral to humanity itself and a core component of its potential fulfilment of the ‘Human Form Divine’.