"This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive.They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire"--Book jacket.

English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When the common law engaged with other court systems in England, when it encountered territories like Ireland and France, or when it confronted the ocean as a juridical space, the law revealed its qualities of ingenuity and improvisation. In other words, as Bradin Cormack argues, jurisdictional crisis made visible the law’s resemblance to the literary arts. A Power to Do Justice shows how Renaissance writers engaged the practical and conceptual dynamics of jurisdiction, both as a subject for critical investigation and as a frame for articulating literature’s sense of itself. Reassessing the relation between English literature and law from More to Shakespeare, Cormack argues that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law’s power, even as they clarify the forms of intensification that make literary space a reality. Tracking cultural responses to Renaissance jurisdictional thinking and legal centralization, A Power to Do Justice makes theoretical, literary-historical, and methodological contributions that set a new standard for law and the humanities and for the cultural history of early modern law and literature.

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.

A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.

Focusing on the last will and testament as a legal, literary, and cultural document, Cathrine O. Frank examines fiction of the Victorian and Edwardian eras alongside actual wills, legal manuals relating to their creation, case law regarding their administration, and contemporary accounts of “curious wills” in periodicals. Her study begins with the Wills Act of 1837 and poses two basic questions: What picture of Victorian culture and personal subjectivity emerges from competing legal and literary narratives about the will, and how does the shift from realist to modernist representations of the will accentuate a growing divergence between law and literature? Frank’s examination of works by Emily Brontë, George Eliot, Charles Dickens, Wilkie Collins, Anthony Trollope, Samuel Butler, Arnold Bennett, John Galsworthy, and E.M. Forster reveals the shared rhetorical and cultural significance of the will in law and literature while also highlighting the competition between these discourses to structure a social order that emphasized self-determinism yet viewed individuals in relationship to the broader community. Her study contributes to our knowledge of the cultural significance of Victorian wills and creates intellectual bridges between the Victorian and Edwardian periods that will interest scholars from a variety of disciplines who are concerned with the laws, literature, and history of the nineteenth and early twentieth centuries.