Wayward Contracts

Why did the language of contract become the dominant metaphor for the relationship between subject and sovereign in mid-seventeenth-century England? In Wayward Contracts, Victoria Kahn takes issue with the usual explanation for the emergence of contract theory in terms of the origins of liberalism, with its notions of autonomy, liberty, and equality before the law. Drawing on literature as well as political theory, state trials as well as religious debates, Kahn argues that the sudden prominence of contract theory was part of the linguistic turn of early modern culture, when government was imagined in terms of the poetic power to bring new artifacts into existence. But this new power also brought in its wake a tremendous anxiety about the contingency of obligation and the instability of the passions that induce individuals to consent to a sovereign power. In this wide-ranging analysis of the cultural significance of contract theory, the lover and the slave, the tyrant and the regicide, the fool and the liar emerge as some of the central, if wayward, protagonists of the new theory of political obligation. The result is must reading for students and scholars of early modern literature and early modern political theory, as well as historians of political thought and of liberalism.

Why did the language of contract become the dominant metaphor for the relationship between subject and sovereign in mid-seventeenth-century England? In Wayward Contracts, Victoria Kahn takes issue with the usual explanation for the emergence of contract t.

In this book, Emily Griffiths Jones examines the intersections of romance, religion, and politics in England between 1588 and 1688 to show how writers during this politically turbulent time used the genre of romance to construct diverse ideological communities for themselves. Right Romance argues for a recontextualized understanding of romance as a multigeneric narrative structure or strategy rather than a prose genre and rejects the common assumption that romance was a short-lived mode most commonly associated with royalist politics. Puritan republicans likewise found in romance strength, solace, and grounds for political resistance. Two key works that profoundly influenced seventeenth-century approaches to romance are Philip Sidney’s New Arcadia and Edmund Spenser’s The Faerie Queene, which grappled with romance’s civic potential and its limits for a newly Protestant state. Jones examines how these works influenced writings by royalists and republicans during and after the English Civil War. Remaining chapters pair writers from both sides of the war in order to illuminate the ongoing ideological struggles over romance. John Milton is analyzed alongside Margaret Cavendish and Percy Herbert, and Lucy Hutchinson alongside John Dryden. In the final chapter, Jones studies texts by John Bunyan and Aphra Behn that are known for their resistance to generic categorization in an attempt to rethink romance’s relationship to election, community, gender, and generic form. Original and persuasive, Right Romance advances theoretical discussion about romance, pushing beyond the limits of the genre to discover its impact on constructions of national, communal, and personal identity.

In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.

This book offers a conceptual history of compromise demonstrating the connection between understandings of compromise and understandings of political representation.

"This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes 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. Accordingly, historians, critics and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive.They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire"--Book jacket.

In this fascinating and unique study, Ann Hughes examines how the experience of civil war in seventeenth-century England affected the roles of women and men in politics and society; and how conventional concepts of masculinity and femininity were called into question by the war and the trial and execution of an anointed King. Ann Hughes combines discussion of the activities of women in the religious and political upheavals of the revolution, with a pioneering analysis of how male political identities were fractured by civil war. Traditional parallels and analogies between marriage, the family and the state were shaken, and rival understandings of sexuality, manliness, effeminacy and womanliness were deployed in political debate. In a historiography dominated by military or political approaches, Gender and the English Revolution reveals the importance of gender in understanding the events in England during the 1640s and 1650s. It will be an essential resource for anyone interested in women’s history, feminism, gender or British History.

The first book to put contemporary affect theory into conversation with early modern studies, this volume demonstrates how questions of affect illuminate issues of cognition, political agency, historiography, and scientific thought in early modern literature and culture. Engaging various historical and theoretical perspectives, the essays in this volume bring affect to bear on early modern representations of bodies, passions, and social relations by exploring: the role of embodiment in political subjectivity and action; the interactions of human and non-human bodies within ecological systems; and the social and physiological dynamics of theatrical experience. Examining the complexly embodied experiences of leisure, sympathy, staged violence, courtiership, envy, suicide, and many other topics, the contributors open up new ways of understanding how Renaissance writers thought about the capacities, pleasures, and vulnerabilities of the human body.