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 79
... element was the wife's expressed claim to have cured what in fact had not been cured . Such an explicitly broken promise was an element missing in the 1587 ( 29 Eliz . ) assumpsit case of King v . Robinson . King alleged that Robinson ...
... element was the wife's expressed claim to have cured what in fact had not been cured . Such an explicitly broken promise was an element missing in the 1587 ( 29 Eliz . ) assumpsit case of King v . Robinson . King alleged that Robinson ...
Page 129
... elements of deterrence , the common law has always supremely valued the rights of the individual . Thus , neither ... element of the equation by which guilt is determined under traditional common law TIMON OF ATHENS AS UTILITARIAN ...
... elements of deterrence , the common law has always supremely valued the rights of the individual . Thus , neither ... element of the equation by which guilt is determined under traditional common law TIMON OF ATHENS AS UTILITARIAN ...
Page 162
... element in the subject's legal status than for Kant , where fear or avoidance of punishment predominates . The dialectic between particulars and universals that engrosses Hegel depends upon the continuing education of the subject . For ...
... element in the subject's legal status than for Kant , where fear or avoidance of punishment predominates . The dialectic between particulars and universals that engrosses Hegel depends upon the continuing education of the subject . For ...
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