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Marriage and Land Law in Shakespeare and Middleton examines the dynamics of early modern marriage-making, a time-honored practice that was evolving, often surreptitiously, from patriarchal control based on money and inheritance, to a companionate union in which love and the couple’s own agency played a role. Among early modern playwrights, the marriage plays of Shakespeare and Middleton are particularly, though not uniquely, concerned with this evolution, observing the movement towards spousal choice determined by the couple themselves. Through the late Elizabethan and early Jacobean period, the role of the patriarch, though often compromised, remained intact: the father or guardian negotiated the financial terms. And, in a culture that was still tied to feudal practices, land law held a primary place in the bargain. This book, while following the arc of changing marriage practices, focuses on the ways in which the oldest determination of status, land, affects marital decisions. Land is not a constant topic of conversation in the twenty-one theatrical marriages scrutinized here, but it is a persistent and omnipresent truth of family and economic life. In paired discussions of marriage plays by Shakespeare and Middleton—The Taming of the Shrew/A Chaste Maid in Cheapside, All’s Well That Ends Well/A Trick To Catch the Old One, Measure for Measure/A Mad World, My Masters, The Merchant of Venice/The Roaring Girl, and Much Ado About Nothing/No Wit, No Help Like A Woman’s—this book explores the attempts, maneuvers, intrigues, ruses, and schemes that marriageable characters deploy in order to control spousal choice and secure land. Special attention is given to patriarchal figures whose poor judgment exploits inheritance law weaknesses and to the lack of legal protection and hence the vulnerability of women—and men—who engage the system in unconventional ways. Investigation into the milieu of early modern patriarchal influence in marriage-making and the laws governing inheritance practices enables a fresh reading of Shakespeare’s and Middleton’s marriage comedies.

Taking Exception to the Law explores how a range of early modern English writings responded to injustices perpetrated by legal procedures, discourses, and institutions. From canonical poems and plays to crime pamphlets and educational treatises, the essays engage with the relevance and wide appeal of legal questions in order to understand how literature operated in the early modern period. Justice in its many forms – legal, poetic, divine, natural, and customary – is examined through insightful and innovative analyses of a number of texts, including The Merchant of Venice , The Faerie Queene , and Paradise Lost . A major contribution to the growing field of law and literature, this collection offers cultural contexts, interpretive insights, and formal implications for the entire field of English Renaissance culture.

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.

This book surveys the channels through which political ideas and knowledge were conveyed to the English people from the beginning of the reign of Elizabeth I to the Revolution of 1688. Shapiro argues that an assessment of English political culture requires an examination of all means by which this culture was expressed and communicated. While the discussion focuses primarily on genres such as the sermon, newsbook, poetry, and drama, it also considers the role of events and institutions. Shapiro is the first to explore and elucidate the entire web of communication in early modern English political life.

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.

In this study of the reciprocities binding religion, politics, law, and literature, Debora Shuger offers a profoundly new history of early modern English censorship, one that bears centrally on issues still current: the rhetoric of ideological extremism, the use of defamation to ruin political opponents, the grounding of law in theological ethics, and the terrible fragility of public spheres. Starting from the question of why no one prior to the mid-1640s argued for free speech or a free press per se,Censorship and Cultural Sensibilitysurveys the texts against which Tudor-Stuart censorship aimed its biggest guns, which turned out not to be principled dissent but libels, conspiracy fantasies, and hate speech. The book explores the laws that attempted to suppress such material, the cultural values that underwrote this regulation, and, finally, the very different framework of assumptions whose gradual adoption rendered censorship illegitimate. Virtually all substantive law on language concerned defamation, regulating what one could say about other people. Hence Tudor-Stuart laws extended protection only to the person hurt by another's words, never to their speaker. In treating transgressive language as akin to battery, English law differed fundamentally from papal censorship, which construed its target as heresy. There were thus two models of censorship operative in the early modern period, both premised on religious norms, but one concerned primarily with false accusation and libel, the other with false belief and immorality. Shuger investigates the first of these models-the dominant English one-tracing its complex origins in the Roman law ofiniuriathrough medieval theological ethics and Continental jurisprudence to its continuities and discontinuities with current U.S. law. In so doing, she enables her reader to grasp how in certain contexts censorship could be understood as safeguarding both charitable community and personal dignitary rights.

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

The sixteenth century was a turning point for both law and drama. Relentless professionalization of the common law set off a cascade of lawyerly self-fashioning – resulting in blunt attacks on lay judgment. English playwrights, including Shakespeare, resisted the forces of legal professionalization by casting legal expertise as a detriment to moral feeling. They celebrated the ability of individuals, guided by conscience and working alongside members of their community, to restore justice. Playwrights used the participatory nature of drama to deepen public understanding of and respect for communal justice. In plays such as King Lear and Macbeth , lay people accomplish the work of magistracy: conscience structures legal judgment, neighbourly care shapes the coroner’s inquest, and communal emotions give meaning to confession and repentance. An original and deeply sourced study of early modern literature and law, Communal Justice in Shakespeare’s England contributes to a growing body of scholarship devoted to the study of how drama creates and sustains community. Penelope Geng brings together a wealth of imaginative and documentary archives – including plays, sermons, conscience literature, Protestant hagiographies, legal manuals, and medieval and early modern chronicles – proving that literature never simply reacts to legal events but always actively invents legal questions, establishes legal expectations, and shapes legal norms.

Analyzing Elizabethan and Jacobean playtexts for their spatial implications, this innovative study discloses the extent to which the resources and constraints of public playhouse buildings affected the construction of the fictional worlds of early modern plays. The study argues that playwrights were writing with foresight, inscribing the constraints and resources of the stages into their texts. It goes further, to posit that Shakespeare and his playwright-contemporaries adhered to a set of generic conventions, rather than specific local company practices, about how space and place were to be related in performance: the playwrights constituted thus an overarching virtual 'company' producing playtexts that shared features across the acting companies and playhouses. By clarifying a sixteenth- to seventeenth-century conception of theatrical place, Tim Fitzpatrick adds a new layer of meaning to our understanding of the plays. His approach adds a new dimension to these particular documents which-though many of them are considered of great literary worth-were not originally generated for any other reason than to be performed within a specific performance context. The fact that the playwrights were aware of the features of this performance tradition makes their texts a potential mine of performance information, and casts light back on the texts themselves: if some of their meanings are 'spatial', these will have been missed by purely literary tools of analysis.