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 16
... metaphysical immunity : " If that thou be'st a devil , I cannot kill thee " ( 5.2.287 ) . He would test lago's diabolical status , and from a public policy perspective he could claim he was merely attempting to save Venice the trouble ...
... metaphysical immunity : " If that thou be'st a devil , I cannot kill thee " ( 5.2.287 ) . He would test lago's diabolical status , and from a public policy perspective he could claim he was merely attempting to save Venice the trouble ...
Page 34
... metaphysical pact that the Sisters devise is shunned by the common law . Theirs is nudum pactum , a promise of good fortune or advantage without con- sideration of a corresponding exchange or return obligation . Such contracts are ...
... metaphysical pact that the Sisters devise is shunned by the common law . Theirs is nudum pactum , a promise of good fortune or advantage without con- sideration of a corresponding exchange or return obligation . Such contracts are ...
Page 36
... metaphysical riddling that confounds Macbeth , who seeks definitive responses to unanswerable questions at every turn . III . Macbeth versus the Court Macbeth is the willing dupe of an immense and somewhat terrifying metaphysical joke ...
... metaphysical riddling that confounds Macbeth , who seeks definitive responses to unanswerable questions at every turn . III . Macbeth versus the Court Macbeth is the willing dupe of an immense and somewhat terrifying metaphysical joke ...
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