By Subha Mukherji
This exam of the relation among legislation and drama in Renaissance England establishes the variety in their discussion, encompassing critique and complicity, remark and analogy, yet argues that the way drama addresses criminal difficulties and dilemmas is however designated. because the resemblance among legislations and theatre matters their formal buildings instead of their equipment and goals, an interdisciplinary process needs to be alive to differences in addition to affinities. Alert to problems with illustration with no wasting sight of a lived tradition of litigation, this learn basically specializes in early smooth implications of the relationship among felony and dramatic proof, yet expands to deal with a much wider variety of matters which stretch the representational capacities of either court docket and theatre. The booklet doesn't draw back from drama's composite imaginative and prescient of felony realities yet engages with the fictionality itself as major, and negotiates the methodological demanding situations it posits.
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Extra info for Law and representation early mod drama
For a theoretical formulation of the ‘unconscious’ of the law, and of the ‘legal imaginary’, see Goodrich, Oedipux Lex. Introduction 15 Civil law whereas students at the Inns were training in the law of the land. The full range of creative contradictions that ensued in general legal thinking must be the subject of another book. But this study does indicate how this double legal inheritance (which may be crudely mapped on to the gap between theory and practice in the English context),38 combined with legacies inherent to the dramatic tradition, resulted in the complexity of the drama’s attitude towards law’s methods of knowing.
33 The same could be said of the procedural affinities between drama and law. Weisberg was of course reacting against such critics as Richard Posner who saw the ‘legal matter in most literature on legal themes’ as ‘peripheral 33 Weisberg, Poethics, x. Introduction 13 to the meaning . . 34 Indeed, a study of the plays as a form of social practice comparable to, and interactive with, legal processes rapidly uncovers the special interest these situations have for drama. But if recognising the similarities and overlaps is the first step towards an interdisciplinary enquiry, a nuanced discrimination is the second.
30 Confusions were inevitable, and it was at times fiendishly difficult to ascertain the validity of marriages and indeed of spousals, from the assemblage of reports and evidences cited and refuted. The dramatic engagement with contemporary marriage law and sexual litigation provides a point of entry, in my opening chapter, into the larger issue of uncertainty that the law of evidence had to negotiate in trying to determine truths of motive and intention, and raises questions about the relation of the concept of probability to the dramatic form.