The Oxford Handbook of English Law and Literature, 1500-1700

ISBN : 9780199660889

Lorna Hutson
800 ページ
171 x 246 mm
Oxford Handbooks

This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition (poetry and drama) and of new legal epistemologies 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. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and similar lines of inquiry. Chapters in the Handbook consider the following topics in a variety of combinations: forensic rhetoric, poetics and evidence; humanist and legal learning; political and professional identities at the Inns of Court; poetry, drama, and visual culture; local governance and legal reform; equity, conscience, and religious law; legal transformations of social and affective relations (property, marriage, witchcraft, contract, corporate personhood); authorial liability (libel, censorship, press regulation); rhetorics of liberty, slavery, torture, and due process; nation, sovereignty, and international law (the British archipelago, colonialism, empire).


Lorna Hutson: Introduction: Law, Literature and History

Part I. Textual and Interpretative Culture
1 Kathy Eden: Forensic Rhetoric and Humanist Education
2 Margaret McGlynn: Idiosyncratic Books and Common Learning: Readings on Statutes at the Inns of Court'
3 Ian Williams: Common Law Scholarship and the Written Word
4 James McBain: 'Attentive Mindes and Serious Wits': Legal Training and Early Drama
5 Quentin Skinner: Why Shylocke Loses his Case: Judicial Rhetoric in The Merchant of Venice

Part II. Literature and the Legal Profession, 1500-1700
6 Jessica Winston: Legal Satire and the Legal Profession in the 1590s: John Davies' Epigrammes and Professional Decorum
7 Peter Goodrich: The Emblem Book and Common Law
8 Paul Raffield: The Monarchical Republic: Constitutionality and the Legal Profession
9 Martin Butler: The Legal Masque: Humanity and Liberty at the Inns of Court
10 Christopher Brooks: Paradise Lost? Law, Literature, and History in Restoration England

Part III. Administering the Law
11 James Sharpe: Law Enforcement and the Local Community
12 Norma Landau: The Changing Persona of the Justices and their Quarter Sessions
13 Barbara Shapiro: Law and the Evidentiary Environment
14 Virginia Strain: Legal Reform and 2 Henry IV
Part IV. Temporal and Spiritual, Law and Conscience
15 Joshua P. Phillips: Immunities and Monasticism: Bale to Shakespeare
16 Alan Cromartie: Epieikeia and Conscience
17 Ethan Shagan: The Ecclesiastical Polity
18 Jason Rosenblatt: Making Law and Recording It: John Selden on Excommunication
19 Elliott Visconsi: Seldenism

Part V. Legal and Literary Imagining
20 Luke Wilson: Contract
21 Tim Stretton: Contract and Conjugality in Early Modern England
22 Carolyn Sale: The Literary Thing: The Imaginary Holding of Isabella Whitney's 'Wyll' to London, 1573
23 Frances Dolan: Witch Wives
24 Henry Turner: Corporate Persons, Between Law and Literature

Part VI. Libel, Publication, and the Press
25 David Ibbetson: Edward Coke, Roman Law, and the Law of Libel
26 Joad Raymond: Censorship in Law and Practice in Seventeenth Century England: Milton's Aeropagitica
27 Martin Dzelzainis: Managing the Later Stuart Press, 1662-1696
28 Alastair Bellany: The Torture of John Felton, 1628

Part VII. Liberties, Slaveries, and English Law
29 Bernadette Meyler: From Sovereignty to the State: The Tragicomic Clemency of Massinger's The Bondman
30 Paul Halliday: Birthrights and the Due Course of Law
31 Nigel Smith: Legal Agency as Literature in the English Revolution: The Case of the Levellers
32 Mary Nyquist: Base Slavery and the Roman Yoke

Part VIII. The Extra-English Legal World: Between Colony, Nation, and Empire
33 Andrew Zurcher: Spenser, Plowden, and the Hypallactic Instrument
34 Rab Houston: Law and Literature in Scotland, c.1450-1707
35 Lorna Hutson: Forensic History: Henry V and Scotland
36 Christopher Warren: Henry V, Anachronism, and the History of International Law
37 Edward Holberton: Empire and Natural Law in Dryden's Heroic Drama
38 Dan Hulsebosch: English Liberties Outside England: Floors, Doors, Windows, and Ceilings in the Legal Architecture of Empire


Lorna Hutson is Merton Professor of English Literature at the University of Oxford. Educated in San Francisco, Edinburgh, and Oxford, she has taught at the Universities of St Andrews, UC Berkeley, Hull, and Queen Mary, London. She has served as Head of English at St Andrews (2008-11) and has held fellowships from the Folger, the Huntingdon, the Guggenheim, and the Leverhulme Trust. Her books include Thomas Nashe in Context (1989), The Usurer's Daughter (1994), and The Invention of Suspicion (2007). Circumstantial Shakespeare (2015) was based on the Oxford Wells Shakespeare Lectures in 2012. She has also edited Ben Jonson's Discoveries (1641) for the Cambridge Complete Works of Ben Jonson (2012) and written numerous articles on Renaissance topics.