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 30
... tort law case of Weaver v . Ward applied strict liability for damages against a defendant whose gun accidentally discharged and injured the plaintiff during practice military maneuvers ( 80 Eng . Rep . 284 ) . This decision demonstrates ...
... tort law case of Weaver v . Ward applied strict liability for damages against a defendant whose gun accidentally discharged and injured the plaintiff during practice military maneuvers ( 80 Eng . Rep . 284 ) . This decision demonstrates ...
Page 75
... tort law on malfeasance , or " Malefesans " ( 1 Croke 285 ) , suggests how a Jacobean audience might view Antony's defects . In cases of malfeasance , liability attaches to the party failing to take posi- tive steps to prevent waste or ...
... tort law on malfeasance , or " Malefesans " ( 1 Croke 285 ) , suggests how a Jacobean audience might view Antony's defects . In cases of malfeasance , liability attaches to the party failing to take posi- tive steps to prevent waste or ...
Page 112
... tort based on false and defamatory declarations which may or may not have caused demonstrable harm . Slander is the oral version of libel , which is ac- tionable language appearing in print . In some cases , words are prima facie ...
... tort based on false and defamatory declarations which may or may not have caused demonstrable harm . Slander is the oral version of libel , which is ac- tionable language appearing in print . In some cases , words are prima facie ...
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