Legal Reform In English Renaissance Literature

This 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. Reevaluates 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.

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.

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.

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.

Natural Law, whether grounded in human reason or divine edict, encourages humankind to follow virtue and shun vice. The concept dominated Renaissance thought, where its literary equivalent, poetic justice, underpinned much of the period's creative writing. Robert White examines a wide range of Renaissance texts to show how writers as radically different as Milton and Hobbes formulated versions of Natural Law that served to maintain socially established hierarchies. This is the first book to apply a vast area of intellectual history to imaginative literature across a variety of genres during the Renaissance period.

Step into the captivating world of English Law and the Renaissance with Frederic William Maitland's illuminating exploration of legal history. Delve into the intricacies of Renaissance England as Maitland guides you through the evolution of law and society during this transformative period. Embark on a journey through time as Maitland unveils the plot points of legal evolution, characterizing each phase with meticulous detail and scholarly insight. Witness the development of legal doctrines and institutions, intertwined with the rich tapestry of Renaissance culture and politics. Identify the recurring themes and motifs woven throughout Maitland's narrative, from the struggle for power and authority to the quest for justice and equality. Explore how these themes resonate with contemporary legal and societal issues, providing valuable insights into our own modern-day challenges. Through character analysis, gain a deeper understanding of the key figures who shaped English law during the Renaissance. From influential jurists to monarchs and lawmakers, Maitland paints a vivid portrait of the individuals who left an indelible mark on legal history. Experience the overall tone and mood of Maitland's work, characterized by a blend of scholarly rigor and engaging storytelling. His prose is both informative and accessible, inviting readers to immerse themselves in the complexities of legal thought and practice. Explore the critical reception of Maitland's groundbreaking work, hailed by scholars and historians for its depth of research and analytical rigor. Discover how his insights have shaped our understanding of English law and society during the Renaissance and beyond. Consider the audience for Maitland's work, ranging from legal scholars and historians to students and enthusiasts of Renaissance history. Whether you're an academic or a curious reader eager to explore the intricacies of legal history, there's something for everyone in Maitland's masterful exposition. Compare and contrast Maitland's work with other scholarly works in the field, highlighting its unique contributions to our understanding of English law and the Renaissance. Explore how Maitland's perspective differs from traditional narratives, offering fresh insights and interpretations. Personal reflection: As a reader, I was struck by Maitland's ability to bring the past to life with such clarity and insight. His passion for legal history shines through in every page, making this work both informative and engaging. I found myself drawn into the world of Renaissance England, gaining a newfound appreciation for the complexities of legal thought and practice during this transformative period. In conclusion, "English Law and the Renaissance" is more than just a scholarly treatise—it's a fascinating journey through time that offers valuable insights into the evolution of law and society. Whether you're a student, a scholar, or simply a curious reader, Maitland's work is sure to enrich your understanding of this pivotal period in history. Don't miss your chance to explore the world of English law and the Renaissance with Frederic William Maitland. Dive into this captivating work today and discover the enduring legacy of legal thought and practice in Renaissance England.

A study of the concept of custom, the basis of England's common law, in literary experiments of sixteenth-century England and Ireland.