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 31
... question ? " ( 1.3.42-43 ) . As I treat the issue , Banquo is referring to a shared hu- man reasoning capacity , not ... questions the reality of the Sisters ' presence : " Were such things here as we do speak about ? / Or have we eaten ...
... question ? " ( 1.3.42-43 ) . As I treat the issue , Banquo is referring to a shared hu- man reasoning capacity , not ... questions the reality of the Sisters ' presence : " Were such things here as we do speak about ? / Or have we eaten ...
Page 53
... question : " How if I answer no ? " ( 5.2.170 ) . Playing with a refusal to engage in what he would do anyway is typical of Hamlet , and it reminds us of Throckmorton's half - jesting response to the tribunal he faced before attorney ...
... question : " How if I answer no ? " ( 5.2.170 ) . Playing with a refusal to engage in what he would do anyway is typical of Hamlet , and it reminds us of Throckmorton's half - jesting response to the tribunal he faced before attorney ...
Page 162
... question in its entirety . Antigone's meta- physical and social contract requires her to submit to both the just and unjust aspects of her fate : “ It is a striking modern innovation to in- quire continually about the motives of men's ...
... question in its entirety . Antigone's meta- physical and social contract requires her to submit to both the just and unjust aspects of her fate : “ It is a striking modern innovation to in- quire continually about the motives of men's ...
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