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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.
Lorna Hutson: Introduction: Law, Literature and History Part I. Textual and Interpretative Culture 1: Kathy Eden: Forensic Rhetoric and Humanist Education 2: Margaret McGlynn: Idiosyncratic Books and Common Learning: Readings on Statutes at the Inns of Court' 3: Ian Williams: Common Law Scholarship and the Written Word 4: James McBain: 'Attentive Mindes and Serious Wits': Legal Training and Early Drama 5: Quentin Skinner: Why Shylocke Loses his Case: Judicial Rhetoric in The Merchant of Venice Part II. Literature and the Legal Profession, 1500-1700 6: Jessica Winston: Legal Satire and the Legal Profession in the 1590s: John Davies' Epigrammes and Professional Decorum 7: Peter Goodrich: The Emblem Book and Common Law 8: Paul Raffield: The Monarchical Republic: Constitutionality and the Legal Profession 9: Martin Butler: The Legal Masque: Humanity and Liberty at the Inns of Court 10: Christopher Brooks: Paradise Lost? Law, Literature, and History in Restoration England Part III. Administering the Law 11: James Sharpe: Law Enforcement and the Local Community 12: Norma Landau: The Changing Persona of the Justices and their Quarter Sessions 13: Barbara Shapiro: Law and the Evidentiary Environment 14: Virginia Strain: Legal Reform and 2 Henry IV Part IV. Temporal and Spiritual, Law and Conscience 15: Joshua P. Phillips: Immunities and Monasticism: Bale to Shakespeare 16: Alan Cromartie: Epieikeia and Conscience 17: Ethan Shagan: The Ecclesiastical Polity 18: Jason Rosenblatt: Making Law and Recording It: John Selden on Excommunication 19: Elliott Visconsi: Seldenism Part V. Legal and Literary Imagining 20: Luke Wilson: Contract 21: Tim Stretton: Contract and Conjugality in Early Modern England 22: Carolyn Sale: The Literary Thing: The Imaginary Holding of Isabella Whitney's 'Wyll' to London, 1573 23: Frances Dolan: Witch Wives 24: Henry Turner: Corporate Persons, Between Law and Literature Part VI. Libel, Publication, and the Press 25: David Ibbetson: Edward Coke, Roman Law, and the Law of Libel 26: Joad Raymond: Censorship in Law and Practice in Seventeenth Century England: Milton's Aeropagitica 27: Martin Dzelzainis: Managing the Later Stuart Press, 1662-1696 28: Alastair Bellany: The Torture of John Felton, 1628 Part VII. Liberties, Slaveries, and English Law 29: Bernadette Meyler: From Sovereignty to the State: The Tragicomic Clemency of Massinger's The Bondman 30: Paul Halliday: Birthrights and the Due Course of Law 31: Nigel Smith: Legal Agency as Literature in the English Revolution: The Case of the Levellers 32: Mary Nyquist: Base Slavery and the Roman Yoke Part VIII. The Extra-English Legal World: Between Colony, Nation, and Empire 33: Andrew Zurcher: Spenser, Plowden, and the Hypallactic Instrument 34: Rab Houston: Law and Literature in Scotland, c.1450-1707 35: Lorna Hutson: Forensic History: Henry V and Scotland 36: Christopher Warren: Henry V, Anachronism, and the History of International Law 37: Edward Holberton: Empire and Natural Law in Dryden's Heroic Drama 38: Dan Hulsebosch: English Liberties Outside England: Floors, Doors, Windows, and Ceilings in the Legal Architecture of Empire
Author(s) | Edited by Lorna Hutson (Merton Professor of English Literature, University of Oxford). |
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Publisher | Oxford University Press |
ISBN | 9780198857358 |
Format | Paperback / softback |
Pages | 826 |
Published in | United Kingdom |
Published | 5 Mar 2020 |
Availability | Available |
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