Law as Performance

Law as Performance

Author: Julie Stone Peters

Publisher: Oxford University Press

Published: 2022

Total Pages: 367

ISBN-13: 0192898493

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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.


From Truth to Technique at Trial

From Truth to Technique at Trial

Author: Phil Gaines

Publisher: Oxford University Press

Published: 2016

Total Pages: 233

ISBN-13: 0199333602

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In this first ever discourse analysis of advocacy advice texts-manuals, handbooks, and other how-to guides written by lawyers for lawyers-Philip Gaines takes an intriguing look at how advice authors have historically discussed the metavalues of truth and justice in their advocacy texts-and how that discussion has changed from 1600 to the present day.


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

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

Author: Lorna Hutson

Publisher: Oxford University Press

Published: 2017-06-29

Total Pages: 911

ISBN-13: 0191081981

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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.


British Rhetoricians and Logicians, 1500-1660

British Rhetoricians and Logicians, 1500-1660

Author: Edward A. Malone

Publisher: Dictionary of Literary Biograp

Published: 2003

Total Pages: 522

ISBN-13:

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Survey of British-born writers who produced texts on rhetoric or logic between 1500 and 1660. Provides biographies meant to serve students and scholars of British literature who require information on educators, theologians, and statesmen who influenced and shaped the rhetorical culture that produced great works of literature.


Rhetoric, Medicine, and the Woman Writer, 1600–1700

Rhetoric, Medicine, and the Woman Writer, 1600–1700

Author: Lyn Bennett

Publisher: Cambridge University Press

Published: 2018-02-08

Total Pages: 214

ISBN-13: 1108654878

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How did physicians come to dominate the medical profession? Lyn Bennett challenges the seemingly self-evident belief that scientific competence accounts for physicians' dominance. Instead, she argues that the whole enterprise of learned medicine was, in large measure, facilitated by an intensely classical education that included extensive training in rhetoric, and that this rhetorical training is ultimately responsible for the achievement of professional dominance. Bennett examines previously unexplored connections among writers and genres as well as competing livelihoods and classes. Engaging the histories of rhetoric, medicine, literature, and culture throughout, she goes on to focus specifically on the work of women who professed as well as practiced medicine. Pointing to some of the ways women's writing shapes realities of body, mind, and spirit as it negotiates social, cultural, and professional ideologies of gender, this book offers an important corrective to some long-held beliefs about women's role in early modern discourse.


Legal Hermeneutics

Legal Hermeneutics

Author: Gregory Leyh

Publisher: Univ of California Press

Published: 2023-09-01

Total Pages: 346

ISBN-13: 0520329384

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.