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Neither Fugitive nor Free
Part of the American Literatures Initiative Series Neither
Fugitive nor Free draws on the freedom suit as recorded in the
press and court documents to offer a critically and historically
engaged understanding of the freedom celebrated in the literary and
cultural histories of transatlantic abolitionism. Freedom suits
involved those enslaved valets, nurses, and maids who accompanied
slaveholders onto free soil. Once brought into a free jurisdiction,
these attendants became informally free, even if they were taken
back to a slave jurisdiction-at least according to abolitionists
and the enslaved themselves. In order to secure their freedom
formally, slave attendants or others on their behalf had to bring
suit in a court of law. Edlie Wong critically recuperates these
cases in an effort to reexamine and redefine the legal construction
of freedom, will, and consent. This study places such historically
central anti-slavery figures as Frederick Douglass, Olaudah
Equiano, and William Lloyd Garrison alongside such lesser-known
slave plaintiffs as Lucy Ann Delaney, Grace, Catharine Linda, Med,
and Harriet Robinson Scott. Situated at the confluence of literary
criticism, feminism, and legal history, Neither Fugitive nor Free
presents the freedom suit as a \"new\" genre to African American and
American literary studies.
eBook
Law and literature
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 such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. 0There are many ways to approach the concept of ?Law and Literature?. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work, accorded more time than the others, lies in this direction). This volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.
Book
Shakespeare's Law
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.
eBook
Women, Property, and the Letters of the Law in Early Modern England
Women, Property, and the Letters of the Law in Early Modern Englandexamines the competing narratives of property told by and about women in the early modern period. Through letters, legal treatises, case law, wills, and works of literature, the contributors explore women's complex roles as subjects and agents in commercial and domestic economies, and as objects shaped by a network of social and legal relationships. By constructing conversations across the disciplinary boundaries of legal and social history, sociology and literary criticism, the collection explores a diverse range of women's property relationships.
Recent research has revealed fissures in our knowledge about women's property relationships within a regime characterized by competing jurisdictions, diverse systems of tenure, and multiple concepts of property.Women, Property, and the Letters of the Law in Early Modern Englandturns to these points of departure for the study of women's legal status and property relationships in the early modern period. This interdisciplinary analysis of women and property is written in an accessible manner and will become a valuable resource for scholars and students of Renaissance, Restoration and eighteenth-century literature, early modern social and legal history, and women's studies.
eBook
Practice extended : beyond law and literature
\"Practice Extended is a collection of Robert A. Ferguson's essays reflecting forty years of his scholarship and reflects the evolution and the aims of the field as well as its impact on the study of both literature and law. Ferguson's work explores a wide range of topics including immigration, eloquence, the Constitution, rhetoric and Ulysses, and mercy. Ferguson's essays emphasize the interdisciplinary connection between law and literature. The field, as Ferguson sees it has roots in two major developments in the intellectual history of law--first, the growing doubt about whether law in isolation is a source of value and meaning, or whether it must be understood within larger cultural and intellectuals contexts; and, second, the continued focus on the mutability of meaning in all texts, whether literary or legal. Those who work in the field stress one or the other of two complementary perspectives: law in literature (understanding legal issues as they are explored in great literary texts such as Billy Budd) and law as literature (understanding legal texts by reference to methods of literary interpretation, analysis, and critique)\" -- Provided by publisher.
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Shakespeare’s Imaginary Constitution
Through an examination of six plays by Shakespeare, the author presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic drama of the period. The playhouses of London in the 1590s provided a distinctive forum for discourse and dissemination of nascent political ideas. Shakespeare exploited the unique capacity of theatre to humanise contemporary debate concerning the powers of the crown and the extent to which these were limited by law. The autonomous subject of law is represented in the plays considered here as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law, as recorded in juristic texts and law reports of the early modern era. Each chapter reflects a particular aspect of constitutional development in the late-Elizabethan state. These include abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class citizenry, empowered by the ascendancy of contract law; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law. The plays discussed offer persuasive images both of the crown’s absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. ‘It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for “constitutional moments”, moments when the zeitgeist is so transformed that our fundamental legal charter changes with it. In this breathtakingly erudite book, Paul Raffield argues that the late-Elizabethan period was such a “constitutional moment” in England, a moment literally “played out” for the polity by the greatest dramatist of all time. A lawyer and a thespian, Raffield handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.’ Kenji Yoshino Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law
eBook
Harm's way : tragic responsibility and the novel form
A field-defining study of the novel as a tragic form. Sandra Macpherson's groundbreaking study of the rise of the novel connects its form to developments in liability law across the seventeenth to nineteenth centuries. In particular, Macpherson argues for a connection to legal principles of strict liability that hold persons accountable for harms inflicted upon others in the absence of intention, consent, direct action, or foreknowledge. In convincing polemical readings of Defoe, Richardson, and Fielding, she shows that these laws share with the novel the view that the state of a person's mind is irrelevant to the question of her responsibility for her actions. Macpherson urges readers to rethink the ancient consensus that the novel differs from tragedy in its elevation of character over plot. She concludes that the realist novel is ultimately a tragic form, committed to holding persons accountable for accidents of fate. Macpherson's original insights continue to have a broad and lasting impact on the study of the novel.
eBook