This collection features the work of both established and up-and-coming scholars in the UK and US, with contributors including Peter Goodrich, Lorna Hutson, Erica Sheen and David Colclough studying the period of the English Renaissance from the 1520s to the 1660s. This wide-ranging study, working on the edge of new historicism as well as book history, covers topics such as libel/slander and literary debate, legal textual production, authorship and the politics of authorial attribution and theatre and the law.

Early modern literature played a key role in the formation of the legal justification for imperialism. As the English colonial enterprise developed, the existing legal tradition of common law no longer solved the moral dilemmas of the new world order, in which England had become, instead of a victim of Catholic enemies, an aggressive force with its own overseas territories. Writers of romance fiction employed narrative strategies in order to resolve this difficulty and, in the process, provided a legal basis for English imperialism. Brian Lockey analyses works by such authors as Shakespeare, Spenser and Sidney in the light of these legal discourses, and uncovers new contexts for the genre of romance. Scholars of early modern literature, as well as those interested in the history of law as the British Empire emerged, will learn much from this insightful and ambitious study.

Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.

This book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's 'Faerie Queene', the 'Gesta Grayorum', Donne's 'Satyre V', and Shakespeare's 'Measure for Measure' and 'The Winter's Tale', Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Reevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works. Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.

Sovereignty, law, and the relationship between them are now among the most compelling topics in history, philosophy, literature and art. Some argue that the state's power over the individual has never been more complete, while for others, such factors as globalization and the internet are subverting traditional political forms. This book exposes the roots of these arguments in the Middle Ages and Renaissance. The thirteen contributions investigate theories, fictions, contestations, and applications of sovereignty and law from the Anglo-Saxon period to the seventeenth century, and from England across western Europe to Germany, France, Italy, and Spain. Particular topics include: Habsburg sovereignty, Romance traditions in Arthurian literature, the duomo in Milan, the political theories of Juan de Mariana and of Richard Hooker, Geoffrey Chaucer's legal problems, the accession of James I, medieval Jewish women, Elizabethan diplomacy, Anglo-Saxon political subjectivity, and medieval French farce. Together these contributions constitute a valuable overview of the history of medieval and Renaissance law and sovereignty in several disciplines. They will appeal to not only to political historians, but also to all those interested in the histories of art, literature, religion, and culture.

Natural law, whether grounded in human reason or divine edict, encourages men to follow virtue and shun vice. The concept dominated Renaissance thought, where its literary equivalent, poetic justice, underpinned much of the period's creative writing. R. S. White's study examines a wide range of Renaissance texts, by More, Spenser, Sidney, Shakespeare and Milton, in the light of these developing ideas of Natural Law. It shows how writers as radically different as Aquinas and Hobbes formulated versions of Natural Law which served to maintain socially established hierarchies. For Aquinas, Natural Law always resided in the individual's conscience, whereas Hobbes thought individuals had limited access to virtue and therefore needed to be coerced into doing good by the state. White shows how the very flexibility and antiquity of Natural Law enabled its appropriation and application by thinkers of all political persuasions in a debate that raged throughout the Renaissance and which continues in our own time.

Considering plays by Philip Massinger, Richard Brome, Ben Jonson, John Ford and James Shirley, this study addresses the political import of Caroline drama as it engages with contemporary struggles over authority between royal prerogative, common law and local custom in seventeenth-century England. How are these different aspects of law and government constructed and negotiated in plays of the period? What did these stagings mean in the increasingly unstable political context of Caroline England? Beginning each chapter with a summary of the legal and political debates relevant to the forms of authority contested in the plays of that chapter, Jessica Dyson responds to these kinds of questions, arguing that drama provides a medium whereby the political and legal debates of the period may be presented to, and debated by, a wider audience than the more technical contemporary discourses of law could permit. In so doing, this book transforms our understanding of the Caroline commercial theatre’s relationship with legal authority.