Natural Law In English Renaissance Literautre

Natural law, whether grounded in human reason or divine edict, encourages men 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. R. S. White's study examines a wide range of Renaissance texts, by More, Spenser, Sidney, Shakespeare and Milton, in the light of these developing ideas of Natural Law. It shows how writers as radically different as Aquinas and Hobbes formulated versions of Natural Law which served to maintain socially established hierarchies. For Aquinas, Natural Law always resided in the individual's conscience, whereas Hobbes thought individuals had limited access to virtue and therefore needed to be coerced into doing good by the state. White shows how the very flexibility and antiquity of Natural Law enabled its appropriation and application by thinkers of all political persuasions in a debate that raged throughout the Renaissance and which continues in our own time.

This book, winner of the 1969 South Atlantic Modern Language Association Award, presents a new perspective in the criticism of Jacobean tragedy and a truer evaluation of this body of drama. Mr. Herndl reinterprets a number of important Jacobean plays, making clear their essential spirit and the world view from which it rises. Herndl demonstrates the radical difference between this tragic spirit and that of the tradition culminating in Shakespeare which was based on the medieval conception of Natural Law. He traces the religious and philosophical history which shaped the drama of both periods, especially those seventeenth century changes in thought and belief which revolutionized tragedy. Readable and full of rich insights, The High Design provides a detailed analysis of the drama of Heywood, Webster, Tourneur, Beaumont and Fletcher, and Ford and reconstructs the cultural and intellectual history providing the matrix of the drama.

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.

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

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.

This book accounts for the previously inadequately explained transformation in the meaning of equity in sixteenth century England, a transformation which, intriguingly, first comes to light in literary texts rather than political or legal treatises. The book address the two principal literary works in which the transformation becomes apparent, Thomas More's Utopia and Edmund Spenser's Faerie Queene, and sketches the history of equity to its roots in the Greek concept of epieikeia, uncovering along the way both previously unexplained distinctions, and a long-obscured esoteric meaning. These rediscoveries, when brought to bear upon the Utopia and Faerie Queene, illuminate critical though relatively neglected textual passages that have long puzzled scholars.

Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

Following the American War of Independence and the French Revolution, ideas of the 'Natural Rights of Man' (later distinguished into particular issues like rights of association, rights of women, slaves, children and animals) were publicly debated in England. Literary figures like Wollstonecraft, Godwin, Thelwall, Blake and Wordsworth reflected these struggles in their poetry and fiction. With the seminal influences of John Locke and Rousseau, these and many other writers laid for high Romantic Literature foundations that were not so much aesthetic as moral and political. This new study by R.S. White provides a reinterpretation of the Enlightenment as it is currently understood.