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Law and Literature

Law as Performance

Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe

Stone Peters, Julie (H. Gordon Garbedian Professor of English and Comparative Literature, Columbia University)

Law as Performance

Law and Literature

Law as Performance

Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe

Law and Literature: Law as Performance

 

Explores the history of legal theatricality from antiquity to the eighteenth-century. It recovers a long tradition of jurisprudential thought about law as a form of theatre, a tradition that ancient, medieval, early modern, and later theorists transmitted across centuries, continually elaborating and reworking it to suit changing conditions.


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Beschrijving Law and Literature: Law as Performance

Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.


ISBN
9780192898494
Pagina's
368
Verschenen
Serie
Law and Literature
NUR
821
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford