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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.
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.
In this revised and greatly expanded edition of theCompanion, 80 scholars come together to offer an originaland far-reaching assessment of English Renaissance literature andculture. A new edition of the best-selling Companion to EnglishRenaissance Literature, revised and updated, with 22 newessays and 19 new illustrations Contributions from some 80 scholars including Judith H.Anderson, Patrick Collinson, Alison Findlay, Germaine Greer,Malcolm Jones, Arthur Kinney, James Knowles, Arthur Marotti, RobertMiola and Greg Walker Unrivalled in scope and its exploration of unfamiliar literaryand cultural territories the Companion offers new readingsof both ‘literary’ and ‘non-literary’texts Features essays discussing material culture, sectarian writing,the history of the body, theatre both in and outside theplayhouses, law, gardens, and ecology in early modern England Orientates the beginning student, while providing advancedstudents and faculty with new directions for theirresearch All of the essays from the first edition, along with therecommendations for further reading, have been reworked orupdated
Sensitive readings of Renaissance texts offer new insights into the perception of imperialism in the sixteenth century.
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.
Between 1580 and 1745, a period that saw Edmund Spenser's journey to an unconquered Ireland and the Jacobite Rebellion, the first British Empire was established. The intervening years saw the cultural and material forces of colonialism pursue a fitful, often fanciful endeavour to secure space for this expansion. With the defeat of the Highland clans, what England in 1580 could only dream about had materialised: a coherent, socio-spatial system known as an empire. Taking the Atlantic world as its context, this ambitious 1999 book argues that England's culture during the seventeenth and early eighteenth centuries was saturated with a geographic imagination fed by the experiences and experiments of colonialism. Using theories of space and its production to ground his readings, Bruce McLeod skilfully explores how works by Edmund Spenser, John Milton, Aphra Behn, Mary Rowlandson, Daniel Defoe and Jonathan Swift imagine, interrogate and narrate the adventure and geography of empire.
Literature and the Law of Nations, 1580-1680 is a literary history of international law, which seeks to revise the ways scholars understand early modern English literature in relation to the history of international law.
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.
Devotes considerable attention to Cardenio (the collaboration between Shakespeare and Fletcher) and its notional offspring (works by Greenblatt and Mee, Doran, Armenteros, et al.), discussing all these texts' relations to Cervantes's work and the nature of the various kinds of borrowings and influences.
English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When the common law engaged with other court systems in England, when it encountered territories like Ireland and France, or when it confronted the ocean as a juridical space, the law revealed its qualities of ingenuity and improvisation. In other words, as Bradin Cormack argues, jurisdictional crisis made visible the law’s resemblance to the literary arts. A Power to Do Justice shows how Renaissance writers engaged the practical and conceptual dynamics of jurisdiction, both as a subject for critical investigation and as a frame for articulating literature’s sense of itself. Reassessing the relation between English literature and law from More to Shakespeare, Cormack argues that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law’s power, even as they clarify the forms of intensification that make literary space a reality. Tracking cultural responses to Renaissance jurisdictional thinking and legal centralization, A Power to Do Justice makes theoretical, literary-historical, and methodological contributions that set a new standard for law and the humanities and for the cultural history of early modern law and literature.