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 14
... mental state as we do , but his investigation suggests that Othello cannot be excused by any objective standard ... mental stress quasi - legal and tragic substance . Othello's drift from his mental moorings reflects the substantive ...
... mental state as we do , but his investigation suggests that Othello cannot be excused by any objective standard ... mental stress quasi - legal and tragic substance . Othello's drift from his mental moorings reflects the substantive ...
Page 56
... mental illness was humanely addressed in the Jacobean era or that the law took steps to treat it in a positive light . Indeed , within the legal profession at this time , madness was seen to be its own punishment . But while Coke held ...
... mental illness was humanely addressed in the Jacobean era or that the law took steps to treat it in a positive light . Indeed , within the legal profession at this time , madness was seen to be its own punishment . But while Coke held ...
Page 61
... mental illness as a basis for concluding that the defendant could not behave reasonably . We , like Coke , would probably have dealt with Arnold far less harshly , though any attack by a commoner on an aris- tocrat in the Renaissance ...
... mental illness as a basis for concluding that the defendant could not behave reasonably . We , like Coke , would probably have dealt with Arnold far less harshly , though any attack by a commoner on an aris- tocrat in the Renaissance ...
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