Shakespeare And The Legal Imagination

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.

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.

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).

In July 2007, the School of Law at the University of Warwick hosted an international conference on 'Shakespeare and the Law'. This was a truly interdisciplinary event, which included contributions from eminent speakers in the fields of English, history, theatre and law. The intention was to provide a congenial forum for the exploration, dissemination and discussion of Shakespeare's evident fascination with and knowledge of law, and its manifestation in his works. The papers included in this volume reflect the diverse academic interests of participants at the conference. The eclectic themes of the edited collection range from analyses of the juristic content of specific plays, as in 'Consideration, Contract and the End of The Comedy of Errors', 'Judging Isabella: Justice, Care and Relationships in Measure for Measure', 'Law and its Subversion in Romeo and Juliet', 'Inheritance in the Legal and Ideological Debate of Shakespeare's King Lear' and 'The Law of Dramatic Properties in The Merchant of Venice', to more general explorations of Shakespearean jurisprudence, including 'Shakespeare and Specific Performance', 'Shakespeare and the Marriage Contract', 'The Tragedy of Law in Shakespearean Romance' and 'Punishment Theory in the Renaissance: the Law and the Drama'.

"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.

Something Else is a sequel to Daniel J. Kornstein's classic 1994 study of Shakespeare and the law Kill All the Lawyers? The author found he had more something else to say on the subject. Written in the same crisp, lucid, and witty style as his previous critically acclaimed and highly influential book on Shakespeare, Kornstein's new book continues his illuminating, original, and entertaining explorations of the Bard and the law. In Something Else Kornstein probes new Shakespeare territory with insight and eloquence, but without academic. He analyzes from a fresh perspective, and devastatingly picks apart, Mark Twain's "evidence" that Shakespeare could not have written the plays because he was not a lawyer. Kornstein submits for the reader's verdict moot court briefs based on Hamlet and The Merchant of Venice. A timely chapter on Coriolanus shows how that rarely performed play explains much about democracy and elections in America. The author's discussion of Henry V and the law of war will rivet everyone's attention with its relevance to recent history and current events. Other chapters look at why Shakespeare never mentions Magna Carta in King John, comment on the many crooked judges in Shakespeare's plays, untangles The Comedy of Errors, tries to solve the mystery of Richard III and the princes in the Tower. In a whimsical final chapter, the author imagines a conversation

Shakespeare and Law is a reading of law and legal issues within the works of William Shakespeare. The book shows that the central issues of Shakespeare's time are similar to those we have today, therefore the exploration of law in Shakespeare is as germane today as in the past.

Having a conscience distinguishes humans from the most advanced A.I. systems. Acting in good conscience, consulting one’s conscience, and being conscience-wracked are all aspects of human intelligence that involve reckoning (deriving general laws from particular inputs and vice versa), and judgement (contemplating the relationship of the reckoning system to the world). While A.I. developers have mastered reckoning, they are still working towards the creation of judgement. This book sheds light on the reckoning and judgement of conscience by demonstrating how these concepts are explored in Everyman, Doctor Faustus, The Merchant of Venice, and Hamlet. Academic, student, or general-interest readers discover the complexity and multiplicity of the early modern concept of conscience, which is informed by the scholastic intellectual tradition, juridical procedures of the court of Chancery, the practical advice of Protestant casuistry, and Reformation theology. The aims are to examine the rubrics for thinking through, regulating, and judging actions that define the various consciences of Shakespeare’s day, to use these rubrics to interpret questions of truth and action in early modern plays, and to offer insights into what it is about conscience that developers want to grasp to eliminate the difference between human and non-human intelligences, and achieve true A.I.