New Books In Law and Literature Forthcoming From Routledge @routledgebooks
Clarendon Reconsidered: Law, Loyalty, Literature, 1640-1674 (Philip Major, ed., Routledge, 2019).
Clarendon Reconsidered reassesses a figure of major importance in seventeenth-century British politics, constitutional history and literature. Despite his influence in these and other fields, Edward Hyde, first Earl of Clarendon (1609–1674) remains comparatively neglected. However, the recent surge of interest in royalists and royalism, and the new theoretical strategies it has employed, make this a propitious moment to re-examine his influencecontribution. Chancellor of the Exchequer, Lord Chancellor and author of the History of the Rebellion (1702–1704), then and for long afterwards the most sophisticated history written in English, his long career in the service of the Caroline court spanned the English Revolution and Restoration. The original essays in this interdisciplinary collection shine a torch on key aspects of Clarendon’s life and works: his role as a political propagandist, his family and friendship networks, his religious and philosophical inclinations, his history- and essay-writing, his influence on other forms of writing, and the personal, political and literary repercussions of his two long exiles. Pushing the boundaries of the new royalist scholarship, this fresh account of Clarendon reveals a multifaceted man who challenges as often as he justifies traditional characterisations of detached historian and secular statesman.
Law’s Sacrifice: Approaching the Problem of Sacrifice in Law, Literature, and Philosophy (Brian W. Nail and Jeffrey A. Ellsworth, eds., Routledge, 2019).
This volume examines the relationship between law and sacrifice as a crucial nexus for theorizing the dynamics of creation, destruction, transcendence, and violence within the philosophical and legal discourse of western society.
At a time of populist political unrest, what philosophical and theoretical resources are available for conceptualizing the discontent that seems to emanate from practically every sphere of society? What narrative strategies have been employed within literary, theological, philosophical, and legal discourse to tame or mystify human violence? Engaging with the work of preeminent theorists of sacrifice, such as Georges Bataille, René Girard, Giorgio Agamben, and Jacques Derrida this collection examines from an interdisciplinary perspective the sacrificial logic that characterizes the cultural and political dynamics of law in society.
The book will be of interest to students and scholars in the field of legal theory and philosophy.
Charles Ross, Elizabeth Literature and the Law of Fraudulent Conveyance: Sidney, Spenser, and Shakespeare (Routledge, 2019). Paperback.
This book investigates the origins, impact, and outcome of the Elizabethan obsession with fraudulent conveyancing, the part of debtor-creditor law that determines when a court can void a transfer of assets. Focusing on the years between the passage of a key statute in 1571 and the court case that clarified the statute in 1601, Charles Ross convincingly argues that what might seem a minor matter in the law was in fact part of a wide-spread cultural practice. The legal and literary responses to fraudulent conveyancing expose ethical, practical, and jurisprudential contradictions in sixteenth-century English, as well as modern, society. At least in English Common Law, debt was more pervasive than sex. Ross brings to this discussion a dazzling knowledge of early modern legal practice that takes the conversation out of the universities and Inns of Court and brings it into the early modern courtroom, the site where it had most relevance to Renaissance poets and playwrights. Ross here examines how during the thirty years in which the law developed, Sidney, Spenser, and Shakespeare wrote works that reflect the moral ambiguity of fraudulent conveyancing, which was practiced by unscrupulous debtors but also by those unfairly oppressed by power. The book starts by showing that the language and plot of Shakespeare’s Merry Wives of Windsor continually refers to this cultural practice that English society came to grips with during the period 1571-1601. The second chapter looks at the social, political, and economic climate in which Parliament in 1571 passed 13 Eliz. 5, and argues that the law, which may have been used to oppress Catholics, was probably passed to promote business. The Sidney chapter shows that Henry Sidney, as governor of Ireland (a site of religious oppression), and his son Philip were, surprisingly, on the side of the fraudulent conveyors, both in practice and imaginatively (Sidney’s Arcadia is the first of several works to associate fraudulent conveyancing with the abduction of women). The fourth chapter shows that Edmund Spenser, who as an official in Ireland rails against fraudulent conveyors, nonetheless includes a balanced assessment of several forms of the practice in The Faerie Queene. Chapter five shows how Sir Edward Coke’s use of narrative in Twyne’s Case (1601) helped settle the issue of intentionality left open by the parliamentary statute. The final chapter reveals how the penalty clause of the Elizabethan law accounts for the punishment Portia imposes on Shylock at the end of The Merchant of Venice. The real strength of the book lies in Ross’s provocative readings of individual cases, which will be of great use to literary critics wrestling with the applications of legal theory to the interpretation of individual texts. This study connects a major development in the law to the literature of the period, one that makes a contribution not only to the law but also to literary studies and political and social history.