Leubsdorf on Shakespeare’s Staged Trials @RutgersLaw
John Leubsdorf, Rutgers, the State University of New York, Rutgers Law School, has published Shakespeare’s Staged Trials. Here is the abstract.
The trials in Shakespeare’s plays are strange. There are no lawyers or professional judges, there may be no witnesses, and the adjudicator often imposes unusual sanctions such as banishment. Most strikingly, these are almost always fake trials, manipulated by a character toward a predestined result. Two obvious explanations — that trials in Shakespeare’s day were like that, and that trials in the contemporary drama were like that — turn out to be largely incorrect. It is more persuasive to trace the strange features of Shakespeare’s trials to the various dramatic functions they fulfill, yet even this approach does not explain everything. There is one more possible explanation, which can be discovered only by reading the article.
Download the article from SSRN at the link.