Shakespearean Tragedy And The Common Law

Shakespearean Tragedy and the Common Law examines punishment in Shakespeare's tragedies from the perspective of English Renaissance common law cases and theory. William Shakespeare's work is grounded conceptually in the «artificial» reason of common law as embodied by the great jurist of the age, Sir Edward Coke. Coke's legal rationale is sufficiently distinct from our own to suggest that a reasonable spectator in Renaissance England would interpret key elements of Shakespeare's art differently than we do today. Punishment, the sine qua non of these plays, is treated via a spectrum of legal theories: retribution, restitution, deterrence, and reform. Dr. Hawley's close examination of all ten plays and some fifty cases reveals how law, art, and philosophy shape Shakespeare's tragic vision.

This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.

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.

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.

Bringing key Shakespeare texts into dialogue with feminist socio-legal research, this book investigates the notion of a ‘crime of passion’ – indicatively, wife-killing. Its key concern is to bring attention to a cultural and legal revolution widely overlooked even in the law field where it occurred. In 2009, the English Parliament passed a controversial law abolishing the defence of provocation. Explaining the new law, reformers said that this so-called ‘heat of passion’ defence had allowed men to get away with murder by blaming the victim. Abolishing it in cases of alleged ‘infidelity’ would ‘end the culture of excuses’. Unpacking what was at stake in the reformers’ revolutionary challenge to the English law of murder’s age-old concession to ‘human frailty’ in ‘red mist’ rage cases, this book charts passion’s progress in wife-killing cases over the centuries. It commences in the early modern era when jurists were busy distinguishing murder from manslaughter and, contemporaneously, Shakespeare set about querying culturally inscribed excuses for femicide in his plays, Titus Andronicus and Othello. This book will appeal to feminist and socio-legal scholars, criminologists and those working in the fields of law and literature, legal theory and Shakespeare studies. More widely, it will appeal to anyone interested in so-called ‘crimes of passion’.

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.

The problem of justice seems to have haunted Shakespeare as it haunted Renaissance Christendom. In this book, first published in 1963, four aspects of the problems of justice in action in Shakespeare’s great tragedies are explored. This study is based on the lifetime’s research of Elizabethan habits of mind by one of the most distinguished Shakespearean scholars, and will be of interest to students of English Literature, Drama and Performance.