Inheritance Law And Political Theology In Shakespeare And Milton

Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond-a concern of recent volumes in law and social sciences-is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.

Impossible bequests of the soul; an outlawed younger son who rises to become justice of the king's forests; the artificially-preserved corpse of the heir to an empire; a medieval clerk kept awake at night by fears of falling; a seventeenth-century noblewoman who commissions copies upon copies of her genealogy; Elizabethan efforts to eradicate Irish customs of succession; thoughts of the legacy of sin bequeathed to mankind by our first parents, Adam and Eve. This book explores how inheritance was imagined between the lifetimes of Chaucer and Shakespeare. The writing composed during this period was the product of what the historian Georges Duby has called a 'society of heirs', in which inheritance functioned as a key instrument of social reproduction, acting to ensure that existing structures of status, wealth, familial power, political influence, and gender relations were projected from the present into the future. In poetry, prose, and drama--in Chaucer's Troilus and Criseyde and his Canterbury Tales; in Spenser's Faerie Queene; in plays by Shakespeare such as Macbeth, As You Like It, and The Merchant of Venice; and in a host of other works--we encounter a range of texts that attests to the extraordinary imaginative reach of questions of inheritance between the fourteenth and the seventeenth centuries. Moving between the late medieval and early modern periods, Imagining Inheritance examines this body of writing in order to argue that an exploration of the ways in which premodern inheritance was imagined can make legible the deep structures of power that modernity wants to forget.

Shakespeare's Law is a critical overview of law and legal issues within the life, career, and works of William Shakespeare as well as those that arise from the endless array of activities that happen today in the name of Shakespeare. Mark Fortier argues that Shakespeare’s attitudes to law are complex and not always sanguine, that there exists a deep and perhaps ultimate move beyond law very different from what a lawyer or legal scholar might recognize. Fortier looks in detail at the legal issues most prominent across Shakespeare’s work: status, inheritance, fraud, property, contract, tort (especially slander), evidence, crime, political authority, trials, and the relative value of law and justice. He also includes two detailed case studies, of The Merchant of Venice and Measure for Measure, as well as a chapter looking at law in works by Shakespeare's contemporaries. The book concludes with a chapter on the law as it relates to Shakespeare today. The book shows that the legal issues in Shakespeare are often relevant to issues we face now, and the exploration of law in Shakespeare is as germane today, though in sometimes new ways, as in the past.

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).

John Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.

María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and meeting eternal and as such current issues. Law in Literature is undoubtedly the most fertile and documented perspective of this book.

This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.

Focusing on John Milton’s Paradise Lost , this book investigates the metaphorical identification of nature with a court of law – an old and persistent trope, haunted by ancient aporias, at the intersection of jurisprudence, philosophy and literature. In an enormous variety of texts, from the Greek beginnings of Western literature onward, nature has been described as a courtroom in which an all- encompassing trial takes place and a universal verdict is executed. The first, introductory part of this study sketches an overview of the metaphor’s development in European history, from antiquity to the seventeenth century. In its second, more extensive part, the book concentrates on Milton’s epic Paradise Lost in which the problem of the natural law court finds one of its most fascinating and detailed articulations. Using conceptual tools provided by Hannah Arendt, Walter Benjamin, Hans Blumenberg, Gilles Deleuze, William Empson and Alfred North Whitehead, the study demonstrates that the conflicts in Milton’s epic revolve around the tension between a universal legal procedure inherent in nature and the positive legal decrees of the deity. The divine rule is found to consolidate itself by Nature’s supplementary shadow government; their inconsistencies are not flaws, but rather fundamental rhetorical assets, supporting a law that is inherently "double- formed". In Milton’s world, human beings are thus confronted with a twofold law that entraps them in its endlessly proliferating double binds, whether they obey or not. The analysis of this strange juridical structure can open up new perspectives on Milton’s epic, as well as on the way legal discourse tends to entangle norms with facts and thus to embed itself in human life. This original and intriguing book will appeal not only to those engaged in the study of Milton, but also to anyone interested in the relationship between law, history, literature and philosophy.