Shakespearean Tragedy and the Common Law: The Art of PunishmentShakespearean Tragedy and the Common Law examines punishment in Shakespeare's tragedies from the perspective of English Renaissance common law cases and theory. William Shakespeare's work is grounded conceptually in the «artificial» reason of common law as embodied by the great jurist of the age, Sir Edward Coke. Coke's legal rationale is sufficiently distinct from our own to suggest that a reasonable spectator in Renaissance England would interpret key elements of Shakespeare's art differently than we do today. Punishment, the sine qua non of these plays, is treated via a spectrum of legal theories: retribution, restitution, deterrence, and reform. Dr. Hawley's close examination of all ten plays and some fifty cases reveals how law, art, and philosophy shape Shakespeare's tragic vision. |
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Page 89
The Art of Punishment William M. Hawley. CHAPTER 6 ROMEO AND JULIET : THE FAILURE OF RESTITUTION If Cleopatra and Antony transcend the law , Juliet and Romeo are im- prisoned by it due to their political and familial circumstances ...
The Art of Punishment William M. Hawley. CHAPTER 6 ROMEO AND JULIET : THE FAILURE OF RESTITUTION If Cleopatra and Antony transcend the law , Juliet and Romeo are im- prisoned by it due to their political and familial circumstances ...
Page 91
... Romeo's banishment seems fair and reasonable given Tybalt's death and the standing proclamations against public dueling . In the world of Titus Andronicus , Romeo would have been executed on the spot , but Escalus wisely refuses the ...
... Romeo's banishment seems fair and reasonable given Tybalt's death and the standing proclamations against public dueling . In the world of Titus Andronicus , Romeo would have been executed on the spot , but Escalus wisely refuses the ...
Page 99
... Romeo and Juliet , painted in chiaroscuro , runs counter to Hegelian theory because the difference between the lovers and the state has nothing to do with an ethical contest . Puns on coals , colliers , choler , and collars indicate ...
... Romeo and Juliet , painted in chiaroscuro , runs counter to Hegelian theory because the difference between the lovers and the state has nothing to do with an ethical contest . Puns on coals , colliers , choler , and collars indicate ...
Contents
Introduction | 1 |
Complicity and Tragic Retribution | 11 |
Macbeth and the Reasonableness Standard in Law | 23 |
Copyright | |
12 other sections not shown
Common terms and phrases
accusers action Antony appear audience becomes body Caesar calls cause characters charge civil claim Cleopatra Coke Coke's committed common law complicated concerning contract Coriolanus corporation court crime criminal critics Croke death defendant effect element Eliz England English English common law evidence exists finds force give given guilty Hamlet Hegel hero human Institutes intent interest involved issue Judges justice Kant kill king king's land Lear letter London lovers Macbeth madness matter means mens mental metaphysical military moral murder nature Othello play play's political position present principle punishment question reason refers regards relationship remains remarks Renaissance Reports requires response restitution retribution revenge role Roman Rome Romeo rule seems sense Shakespeare slander social society stage standard statutes suggests theatrical theory Timon tion Titus tragedy tragic treat trial understanding vols witnesses