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Inheritance Law and Political Theology in Shakespeare and Milton

Inheritance Law and Political Theology in Shakespeare and Milton
Author: Joseph S. Jenkins
Publisher: Routledge
Total Pages: 272
Release: 2016-05-23
Genre: Literary Criticism
ISBN: 131711664X

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Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond-a concern of recent volumes in law and social sciences-is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.


Inheritance Law and Political Theology in Shakespeare and Milton

Inheritance Law and Political Theology in Shakespeare and Milton
Author: Joseph S. Jenkins
Publisher: Routledge
Total Pages: 248
Release: 2016-05-23
Genre: Literary Criticism
ISBN: 1317116658

Download Inheritance Law and Political Theology in Shakespeare and Milton Book in PDF, ePub and Kindle

Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond-a concern of recent volumes in law and social sciences-is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.


Imagining Inheritance from Chaucer to Shakespeare

Imagining Inheritance from Chaucer to Shakespeare
Author: Alex Davis
Publisher: Oxford University Press, USA
Total Pages: 312
Release: 2020-02-13
Genre: Drama
ISBN: 0198851421

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Impossible bequests of the soul; an outlawed younger son who rises to become justice of the king's forests; the artificially-preserved corpse of the heir to an empire; a medieval clerk kept awake at night by fears of falling; a seventeenth-century noblewoman who commissions copies upon copies of her genealogy; Elizabethan efforts to eradicate Irish customs of succession; thoughts of the legacy of sin bequeathed to mankind by our first parents, Adam and Eve. This book explores how inheritance was imagined between the lifetimes of Chaucer and Shakespeare. The writing composed during this period was the product of what the historian Georges Duby has called a 'society of heirs', in which inheritance functioned as a key instrument of social reproduction, acting to ensure that existing structures of status, wealth, familial power, political influence, and gender relations were projected from the present into the future. In poetry, prose, and drama--in Chaucer's Troilus and Criseyde and his Canterbury Tales; in Spenser's Faerie Queene; in plays by Shakespeare such as Macbeth, As You Like It, and The Merchant of Venice; and in a host of other works--we encounter a range of texts that attests to the extraordinary imaginative reach of questions of inheritance between the fourteenth and the seventeenth centuries. Moving between the late medieval and early modern periods, Imagining Inheritance examines this body of writing in order to argue that an exploration of the ways in which premodern inheritance was imagined can make legible the deep structures of power that modernity wants to forget.


Shakespeare's Law

Shakespeare's Law
Author: Mark Fortier
Publisher: Taylor & Francis
Total Pages: 152
Release: 2022-05-30
Genre: Literary Criticism
ISBN: 1000577384

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Shakespeare's Law is a critical overview of law and legal issues within the life, career, and works of William Shakespeare as well as those that arise from the endless array of activities that happen today in the name of Shakespeare. Mark Fortier argues that Shakespeare’s attitudes to law are complex and not always sanguine, that there exists a deep and perhaps ultimate move beyond law very different from what a lawyer or legal scholar might recognize. Fortier looks in detail at the legal issues most prominent across Shakespeare’s work: status, inheritance, fraud, property, contract, tort (especially slander), evidence, crime, political authority, trials, and the relative value of law and justice. He also includes two detailed case studies, of The Merchant of Venice and Measure for Measure, as well as a chapter looking at law in works by Shakespeare's contemporaries. The book concludes with a chapter on the law as it relates to Shakespeare today. The book shows that the legal issues in Shakespeare are often relevant to issues we face now, and the exploration of law in Shakespeare is as germane today, though in sometimes new ways, as in the past.


The Art of Law in Shakespeare

The Art of Law in Shakespeare
Author: Paul Raffield
Publisher: Bloomsbury Publishing
Total Pages: 288
Release: 2017-02-09
Genre: Law
ISBN: 1509905499

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Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).


Law and Literature

Law and Literature
Author: María José Falcón y Tella
Publisher: BRILL
Total Pages: 304
Release: 2016-03-24
Genre: Law
ISBN: 9004304355

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María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and meeting eternal and as such current issues. Law in Literature is undoubtedly the most fertile and documented perspective of this book.


The Law of Inheritance & Administration of Deceased Estates in Malawi

The Law of Inheritance & Administration of Deceased Estates in Malawi
Author: Lewis Chezan Bande
Publisher: African Sun Media
Total Pages: 391
Release: 2021-06-11
Genre: Law
ISBN: 1991201257

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This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.


Trials of Nature

Trials of Nature
Author: Björn Quiring
Publisher: Routledge
Total Pages: 570
Release: 2020-12-13
Genre: History
ISBN: 100028980X

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Focusing on John Milton’s Paradise Lost , this book investigates the metaphorical identification of nature with a court of law – an old and persistent trope, haunted by ancient aporias, at the intersection of jurisprudence, philosophy and literature. In an enormous variety of texts, from the Greek beginnings of Western literature onward, nature has been described as a courtroom in which an all- encompassing trial takes place and a universal verdict is executed. The first, introductory part of this study sketches an overview of the metaphor’s development in European history, from antiquity to the seventeenth century. In its second, more extensive part, the book concentrates on Milton’s epic Paradise Lost in which the problem of the natural law court finds one of its most fascinating and detailed articulations. Using conceptual tools provided by Hannah Arendt, Walter Benjamin, Hans Blumenberg, Gilles Deleuze, William Empson and Alfred North Whitehead, the study demonstrates that the conflicts in Milton’s epic revolve around the tension between a universal legal procedure inherent in nature and the positive legal decrees of the deity. The divine rule is found to consolidate itself by Nature’s supplementary shadow government; their inconsistencies are not flaws, but rather fundamental rhetorical assets, supporting a law that is inherently "double- formed". In Milton’s world, human beings are thus confronted with a twofold law that entraps them in its endlessly proliferating double binds, whether they obey or not. The analysis of this strange juridical structure can open up new perspectives on Milton’s epic, as well as on the way legal discourse tends to entangle norms with facts and thus to embed itself in human life. This original and intriguing book will appeal not only to those engaged in the study of Milton, but also to anyone interested in the relationship between law, history, literature and philosophy.


Shakespeare's Acts of Will

Shakespeare's Acts of Will
Author: Gary Watt
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2016-07-28
Genre: Literary Criticism
ISBN: 1474217877

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Shakespeare was born into a new age of will, in which individual intent had the potential to overcome dynastic expectation. The 1540 Statute of Wills had liberated testamentary disposition of land and thus marked a turning point from hierarchical feudal tradition to horizontal free trade. Focusing on Shakespeare's late Elizabethan plays, Gary Watt demonstrates Shakespeare's appreciation of testamentary tensions and his ability to exploit the inherent drama of performing will. Drawing on years of experience delivering rhetoric workshops for the Royal Shakespeare Company and as a prize-winning teacher of law, Gary Watt shows that Shakespeare is playful with legal technicality rather than obedient to it. The author demonstrates how Shakespeare transformed lawyers' manual book rhetoric into powerful drama through a stirring combination of word, metre, movement and physical stage material, producing a mode of performance that was truly testamentary in its power to engage the witnessing public. Published on the 400th anniversary of Shakespeare's last will and testament, this is a major contribution to the growing interdisciplinary field of law and humanities.


Literature and Law

Literature and Law
Author: Mark Fortier
Publisher: Routledge
Total Pages: 194
Release: 2019-05-09
Genre: Literary Criticism
ISBN: 1351203819

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The fields of literature and law intersect in frequent, and often surprising ways. This clear and concise book offers an introduction to the area, covering the history, key thinkers and ideas as well as detailed and fascinating studies into areas such as evidence and truth, inheritance, sex, vigilantism and justice. Each chapter examines a number of familiar authors and texts including Shakespeare, Brecht, Austen, Dickens, Ishiguro, Beecher-Stowe, Atwood, Miller. The book also opens up the broader study of law as it relates to culture in such areas as film, television, and digital media and how they affect such issues as a right to privacy, copyright and creative reworking, and censorship. Mark Fortier offers a concise, systemic introduction to the law and legal system for the lay person, covering basic notions of justice and law (fundamental justice, natural law, positive law) and the legal system (common law vs civil law, case law, statute, constitutional law, private law [tort, contract, property], criminal law, equity, basic rules of evidence, stare decisis, the adversarial system) as well as a very handy glossary of legal terms. This is a fascinating guide to a very topical and increasingly relevant area of literary studies.