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Author: Frederic William Maitland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
Author: Frederic William Maitland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
Author: Stephanie Elsky
Publisher: Oxford University Press
ISBN: 0192605844
Category : Literary Criticism
Languages : en
Pages : 241
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Book Description
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.
Author: Robert C. Palmer
Publisher: Univ of North Carolina Press
ISBN: 9780807849545
Category : Law
Languages : en
Pages : 476
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Book Description
Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De
Author: Brian C. Lockey
Publisher: Cambridge University Press
ISBN: 1139458574
Category : Literary Criticism
Languages : en
Pages : 204
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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.
Author: Virginia Lee Strain
Publisher: Edinburgh University Press
ISBN: 1474416306
Category : Law
Languages : en
Pages : 240
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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.
Author: R. S. White
Publisher: Cambridge University Press
ISBN: 0521481422
Category : History
Languages : en
Pages : 307
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Book Description
Natural law, whether grounded in human reason or divine edict, encourages men to follow virtue and shun vice. The concept dominated Renaissance thought, where its literary equivalent, poetic justice, underpinned much of the period's creative writing. R. S. White's study examines a wide range of Renaissance texts, by More, Spenser, Sidney, Shakespeare and Milton, in the light of these developing ideas of Natural Law. It shows how writers as radically different as Aquinas and Hobbes formulated versions of Natural Law which served to maintain socially established hierarchies. For Aquinas, Natural Law always resided in the individual's conscience, whereas Hobbes thought individuals had limited access to virtue and therefore needed to be coerced into doing good by the state. White shows how the very flexibility and antiquity of Natural Law enabled its appropriation and application by thinkers of all political persuasions in a debate that raged throughout the Renaissance and which continues in our own time.
Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
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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).
Author: Dennis Kezar
Publisher:
ISBN:
Category : Drama
Languages : en
Pages : 312
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Book Description
"In this attractively titled collection of essays on law and theater in the English Renaissance, Dennis Kezar has assembled an impressive array of talent to focus on the productive and yet vexed relationship of theater and the state. Plays 'tell lies' to their audiences: so argued Solon in his riposte to Thespis, to be followed in due course by Plato's attack on poetry in the Republic and all that Jonas Barish has studied under the rubric of The Antitheatrical Prejudice. This battleground here affords a rich opportunity for an exploration of 'an institutional antagonism over the tenuous distinction between theater's inconsequential fiction and the real world's socially consequential fact.' This volume is a truly valuable contribution to the growing interest in law and literature, here brought to bear on the great drama of Shakespeare, Jonson, Dekker, Marston, Chapman, and their contemporaries." --David Bevington, Phyllis Fay Horton Distinguished Service Professor in the Humanities, University of Chicago "The diversity of topics explored in this excellent collection makes it a valuable addition to the burgeoning field of early modern law, theater, and literature studies. The essays included here touch on a wide range of material--from Dekker to Shakespeare to Chapman and Bacon; and in doing so, they explore the tensions between Solon and Thespis in such a way as to make the work of analyzing the relationship between literature and the law seem not only fruitful, but in fact essential to a deeper understanding of both." --Jeremy Lopez, University of Toronto This volume contains contributions by literary critics and historians who demonstrate that theater and law were not simply relevant to each other in the early modern period; they explore the physical spaces in which early modern law and drama were performed, the social and imaginative practices that energized such spaces, and the rhetorical patterns that make the two institutions far less discrete and far more collaborative than has previously been recognized.
Author: Trevor Dean
Publisher: Cambridge University Press
ISBN: 0521411025
Category : History
Languages : en
Pages : 296
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Book Description
Drawing on a wide body of internationally-renowned scholars, including a core of Italians, this volume focuses on new material and puts crime and disorder in Renaissance Italy firmly in its political and social context. All stages of the judicial process are addressed, from the drafting of new laws to the rounding-up of bandits. Attention is paid both to common crime and to more historically specific crimes, such as sumptuary laws. Attempts to prevent or suppress disorder in private and public life are analysed, and many different types of crime, from the sexual to the political and from the verbal to the physical, are considered. In sum the volume aims to demonstrate the fundamental importance of crime and disorder for the study of the Italian Renaissance. It is the only single-volume treatment available of the subject in English. Other books have studied crime in a single city, or single types of crime, but few have presented a cross-section of articles which deploy diverse methodological approaches in material from many parts of the peninsula.
Author: Robert Stuart Sturges
Publisher: Brepols Publishers
ISBN: 9782503533094
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
Sovereignty, law, and the relationship between them are now among the most compelling topics in history, philosophy, literature and art. Some argue that the state's power over the individual has never been more complete, while for others, such factors as globalization and the internet are subverting traditional political forms. This book exposes the roots of these arguments in the Middle Ages and Renaissance. The thirteen contributions investigate theories, fictions, contestations, and applications of sovereignty and law from the Anglo-Saxon period to the seventeenth century, and from England across western Europe to Germany, France, Italy, and Spain. Particular topics include: Habsburg sovereignty, Romance traditions in Arthurian literature, the duomo in Milan, the political theories of Juan de Mariana and of Richard Hooker, Geoffrey Chaucer's legal problems, the accession of James I, medieval Jewish women, Elizabethan diplomacy, Anglo-Saxon political subjectivity, and medieval French farce. Together these contributions constitute a valuable overview of the history of medieval and Renaissance law and sovereignty in several disciplines. They will appeal to not only to political historians, but also to all those interested in the histories of art, literature, religion, and culture.
