Law and Empire in English Renaissance Literature


Book Description

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.




The Invention of Suspicion


Book Description

The Invention of Suspicion argues that the English justice system underwent changes in the sixteenth century that, because of the system's participatory nature, had a widespread effect and a decisive impact on the development of English Renaissance drama. These changes gradually made evidence evaluation a popular skill: justices of peace and juries were increasingly required to weigh up the probabilities of competing narratives of facts. At precisely the same time, English dramatists were absorbing, from Latin legal rhetoric and from Latin comedy, poetic strategies that enabled them to make their plays more persuasively realistic, more 'probable'. The result of this enormously rich conjunction of popular legal culture and ancient forensic rhetoric was a drama in which dramatis personae habitually gather evidence and 'invent' arguments of suspicion and conjecture about one another, thus prompting us, as readers and audience, to reconstruct this 'evidence' as stories of characters' private histories and inner lives. In this drama, people act in uncertainty, inferring one another's motives and testing evidence for their conclusions. As well as offering an overarching account of how changes in juridical epistemology relate to post-Reformation drama, this book examines comic dramatic writing associated with the Inns of Court in the overlooked decades of the 1560s and 70s. It argues that these experiments constituted an influential sub-genre, assimilating the structures of Roman comedy to current civic and political concerns with the administration of justice. This sub-genre's impact may be seen in Shakespeare's early experiments in revenge tragedy, history play and romance comedy, in Titus Andronicus, Henry VI and The Comedy of Errors, as well as Jonson's Every Man in his Humour, Bartholomew Fair and The Alchemist. The book ranges from mid-fifteenth century drama, through sixteenth century interludes to the drama of the 1590s and 1600s. It draws on recent research by legal historians, and on a range of legal-historical sources in print and manuscript.




The Geography of Empire in English Literature, 1580-1745


Book Description

Between 1580 and 1745, a period that saw Edmund Spenser's journey to an unconquered Ireland and the Jacobite Rebellion, the first British Empire was established. The intervening years saw the cultural and material forces of colonialism pursue a fitful, often fanciful endeavour to secure space for this expansion. With the defeat of the Highland clans, what England in 1580 could only dream about had materialised: a coherent, socio-spatial system known as an empire. Taking the Atlantic world as its context, this ambitious 1999 book argues that England's culture during the seventeenth and early eighteenth centuries was saturated with a geographic imagination fed by the experiences and experiments of colonialism. Using theories of space and its production to ground his readings, Bruce McLeod skilfully explores how works by Edmund Spenser, John Milton, Aphra Behn, Mary Rowlandson, Daniel Defoe and Jonathan Swift imagine, interrogate and narrate the adventure and geography of empire.




Legal Reform in English Renaissance Literature


Book Description

The first study of legal reform and literature in early modern EnglandThis 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. Key FeaturesReevaluates 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.




Prosecuting Crime in the Renaissance


Book Description

Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).




The Oxford Handbook of Shakespeare


Book Description

Contains forty original essays.




The Oxford Handbook of English Law and Literature, 1500-1700


Book Description

This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition (poetry and drama) and of new legal epistemologies of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and similar lines of inquiry. Chapters in the Handbook consider the following topics in a variety of combinations: forensic rhetoric, poetics and evidence; humanist and legal learning; political and professional identities at the Inns of Court; poetry, drama, and visual culture; local governance and legal reform; equity, conscience, and religious law; legal transformations of social and affective relations (property, marriage, witchcraft, contract, corporate personhood); authorial liability (libel, censorship, press regulation); rhetorics of liberty, slavery, torture, and due process; nation, sovereignty, and international law (the British archipelago, colonialism, empire).




To the Uttermost Parts of the Earth


Book Description

A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.




Representing Imperial Rivalry in the Early Modern Mediterranean


Book Description

Representing Imperial Rivalry in the Early Modern Mediterranean explores representations of national, racial, and religious identities within a region dominated by the clash of empires. Bringing together studies of English, Spanish, Italian, and Ottoman literature and cultural artifacts, the volume moves from the broadest issues of representation in the Mediterranean to a case study – early modern England – where the “Mediterranean turn” has radically changed the field. The essays in this wide-ranging literary and cultural study examine the rhetoric which surrounds imperial competition in this era, ranging from poems commemorating the battle of Lepanto to elaborately adorned maps of contested frontiers. They will be of interest to scholars in fields such as history, comparative literary studies, and religious studies.




Shakespeare and Law


Book Description

Readers of Shakespeare's language, from the playhouse to the classroom, have long been aware of his peculiar interest in legal words and concepts - Richard II's two bodies, Hamlet's quiddities and quillets, Pandarus' peine forte et dure. In this new study, Andrew Zurcher takes a fresh, historically sensitive look at Shakespeare's meticulous resort to legal language, texts, concepts, and arguments in a range of plays and poems. Following a preface that situates Shakespeare's life within the various legal communities of his Stratford and London periods, Zurcher reconsiders the ways in which Shakespeare adapts legal language and concepts to figure problems about being, knowing, reading, interpretation, and action. In challenging new readings of plays from King John and Henry IV to As You Like It and Hamlet, Shakespeare and Law reveals the importance of early modern common legal thinking to Shakespeare's representations of inheritance, possession, gift-giving, oath-swearing, contract, sovereignty, judgment, and conscience - and, finally, to our own reception and interpretation of his works.