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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.

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

This encyclopedia-style dictionary explores early modern social life, legal thought, and the interactions within Shakespearean drama.

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.

In Eternal Bonds, True Contracts, A. G. Harmon closely analyzes Shakespeare’s concentrated use of the law and its instruments in what have often been referred to as the problem plays: Measure for Measure, Troilus and Cressida, The Merchant of Venice, and All’s Well That Ends Well. Contracts, bonds, sureties, wills—all ensure a changed relationship between parties, and in Shakespeare the terms are nearly always reserved for use in the contexts of marriage and fellowship. Harmon explores the theory and practice of contractual obligations in Renaissance England, especially those involving marriage and property, in order to identify contractual elements and their formation, execution, and breach in the plays. Using both legal and literary resources, Harmon reveals the larger significance of these contractual concepts by illustrating how Shakespeare develops them both dramatically and thematically. Harmon’s study ultimately enables the reader to perceive not only these plays but also all of Shakespeare’s writing—including his poetry—as integral with, and implicated in, the proliferating legalism that was helping to define early modern English culture.

Shakespearean Genealogies of Power proposes a new view on Shakespeare's involvement with the legal sphere: as a visible space between the spheres of politics and law and well able to negotiate legal and political, even constitutional concerns, Shakespeare's theatre opened up a new perspective on normativity. His plays reflect, even create, \"history\" in a new sense on the premises of the older conceptions of historical and legal exemplarity: examples, cases, and instances are to be reflected rather than treated as straightforwardly didactic or salvific. Thus, what comes to be recognized, reflected and acknowledged has a disowning, alienating effect, whose enduring aftermath rather than its theatrical immediacy counts and remains effective. In Shakespeare, the law gets hold of its normativity as the problematic efficacy of unsolved - or rarely ever completely solved - problems: on the stage of the theatre, the law has to cope with a mortgage of history rather than with its own success story. The exemplary interplay of critical cultural and legal theory in the twentieth-century - between Carl Schmitt and Hans Kelsen, Walter Benjamin and Ernst Kantorowicz, Hans Blumenberg and Giorgio Agamben, Robert Cover and Niklas Luhmann - found in Shakespeare's plays its speculative instruments.

Francis Bacon's Hidden Hand invites readers on a compelling journey through literary analysis, legal history, and historical intrigue. This book explores the enigmatic connections between Francis Bacon and the play, unraveling the sophisticated interplay of law, rhetoric, and authorship within the drama's intricate framework. The author's meticulous research provides an eye-opening perspective that challenges conventional interpretations of one of Shakespeare's most studied plays. Christina G. Waldman, JD, is licensed to practice law in New York State and writes for publishers in the legal field. Well versed in the practice of combing evidence, she has had a life-long love of books and etymology. Her joy in sharing the wonder of words and stories shines through in every page in this book. In this volume, she turns up a wealth of clues through her own original research and discusses the evidence presented by other researchers who have examined this play, all pointing to striking similarities between Bacon's life work and the legal theme at the heart of the play. She identifies parallels in Bacon's writing and personal notes that preceded \"Shakespeare\" in coining many terms, and she deciphers numerous puns and intriguing possible historical precedents for names and symbols in the play, adding layers of appreciation and pleasure to the reading. Law and Mercy - The Evolution of English Legal Systems: Portia's famous plea for mercy and the complex courtroom scenes in \"The Merchant of Venice\" serve as focal points in Waldman's exploration of the legal underpinnings of the play. She delves into how the shift from \"law court\" to \"chancery court\" reflects significant transitions in the English legal system, offering readers a nuanced understanding of the play's legal subtext. This analysis not only deepens appreciation for Shakespeare's artistry but also provides historical insights into the evolution of equity and justice in Elizabethan England. The Rhetorical Genius of Shakespeare-and Bacon? Waldman presents a thought-provoking case for Francis Bacon's involvement in the authorship of \"The Merchant of Venice.\" Drawing from her legal background and an impressive array of sources, she uncovers striking parallels between Bacon's writings and Shakespeare's text. The intricate wordplay, symbolic references, and thematic depth characteristic of Bacon's style suggest his \"hidden hand\" in shaping the play's rhetorical brilliance. Readers are invited to reconsider the authorship debate with fresh eyes, guided by this persuasive evidence and analytical rigor. Wordplay, Symbols, and Historical Precedents: The book is rich with examples of suggestive wordplay and historical allusions embedded within the play's dialogue and structure. Waldman uncovers potential sources for character names, plot devices, and symbols that reflect the intellectual and cultural milieu of Shakespeare's time. Her research breathes new life into the play, adding layers of enjoyment and discovery for Shakespeare enthusiasts and legal historians alike. A New Dimension to Shakespearean Studies: For fans of Shakespeare, students of law, and scholars of literary history, this interdisciplinary study bridges the worlds of literature and law, providing an enriched perspective on themes of mercy, justice, and human ambition. For Shakespeare aficionados, legal scholars, and people who enjoy literature will find insights and new connections that deepen our enjoyment of the original play, Waldman's expertly crafted narrative helps uncover hidden layers in one of Shakespeare's most intriguing works.

Shakespeare and Judgment gathers together an international group of scholars to address for the first time the place of judgment in Shakespearean drama. Contributors approach the topic from a variety of cultural and theoretical perspectives, covering plays from across Shakespeare's career.