This book frames British Romanticism as the artistic counterpart to a revolution in subjectivity occasioned by the rise of "The Rule of Law" and as a traumatic response to the challenges mounted against that ideal after the French Revolution. The bulk of this study focuses on Romantic literary replies to these events (primarily in the work of Samuel Taylor Coleridge and William Blake), but its latter stages also explore how Romantic poetry's construction of the autonomous reading subject continues to influence legal and literary critical reactions to two modern crises in the rule of law: European Fascism and the continuing instability of legal interpretive strategy.

Well after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the background of Romantic era law in the law of the Reformation, Whitman makes the great German tradition of legal scholarship more accessible to all those interested in German history. Drawing on treatises already known to legal historians as well as on previously unexploited records of legal practice, Whitman traces the traditions that allowed nineteenth-century German lawyers like Savigny to present themselves as uniquely "impartial" and "unpolitical." This book will be of particular interest to students of the many German thinkers who were trained as Roman lawyers, among them Marx and Weber. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

A pioneer in legal and political theory, Schmitt traces the prehistory of political romanticism by examining its relationship to revolutionary and reactionary tendencies in modern European history. Both the partisans of the French Revolution and its most embittered enemies were numbered among the romantics. During the movement for German national unity at the beginning of the nineteenth century, both revolutionaries and reactionaries counted themselves as romantics. According to Schmitt, the use of the concept to designate opposed political positions results from the character of political romanticism: its unpredictable quality and lack of commitment to any substantive political position. The romantic person acts in such a way that his imagination can be affected. He acts insofar as he is moved. Thus an action is not a performance or something one does, but rather an affect or a mood, something one feels. The product of an action is not a result that can be evaluated according to moral standards, but rather an emotional experience that can be judged only in aesthetic and emotive terms. These observations lead Schmitt to a profound reflection on the shortcomings of liberal politics. Apart from the liberal rule of law and its institution of an autonomous private sphere, the romantic inner sanctum of purely personal experience could not exist. Without the security of the private realm, the romantic imagination would be subject to unpredictable incursions. Only in a bourgeois world can the individual become both absolutely sovereign and thoroughly privatized: a master builder in the cathedral of his personality. An adequate political order cannot be maintained on such a tolerant individualism, concludes Schmitt.

Corporate Romanticism offers an alternative history of the connections between modernity, individualism, and the novel. In early nineteenth-century England, two developments—the rise of corporate persons and the expanded scale of industrial action—undermined the basic assumption underpinning both liberalism and the law: that individual human persons can be meaningfully correlated with specific actions and particular effects. Reading works by Godwin, Austen, Hogg, Mary Shelley, and Dickens alongside a wide-ranging set of debates in nineteenth-century law and Romantic politics and aesthetics, Daniel Stout argues that the novel, a literary form long understood as a reflection of individualism’s ideological ascent, in fact registered the fragile fictionality of accountable individuals in a period defined by corporate actors and expansively entangled fields of action. Examining how liberalism, the law, and the novel all wrestled with the moral implications of a highly collectivized and densely packed modernity, Corporate Romanticism reconfigures our sense of the nineteenth century and its novels, arguing that we see in them not simply the apotheosis of laissez-fair individualism but the first chapter of a crucial and distinctly modern problem about how to fit the individualist and humanist terms of justice onto a world in which the most consequential agents are no longer persons.

Using an illuminating method that challenges the popular notion of Romanticism as aesthetic escapism, Theodore Ziolkowski explores five institutions--mining, law, madhouses, universities, and museums--that provide the socio-historical context for German Romantic culture. He shows how German writers and thinkers helped to shape these five institutions, all of which assumed their modern form during the Romantic period, and how these social structures in turn contributed to major literary works through image, plot, character, and theme. "Ziolkowski cannot fail to impress the reader with a breadth of erudition that reveals fascinating intersections in the life and works of an artist.... He conveys the sense of energy and idealism that fueled Schiller and Goethe, Fichte and Hegel, Hoffmann and Novalis...."--Emily Grosholz, The Hudson Review "[This book] should be put in the hands of every student who is seriously interested in the subject, and I cannot imagine a scholar in the field who will not learn from it and be delighted with it."--Hans Eichner, Journal of English and Germanic Philology "Ziolkowski is among those who go beyond lip-service to the historical and are able to show concretely the ways in which generic and thematic intentions are inextricably enmeshed with local and specific institutional circumstances."--Virgil Nemoianu, MLN