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Law as Performance - Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe (Hardcover)
Loot Price: R2,848
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Law as Performance - Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe (Hardcover)
Series: Law and Literature
Expected to ship within 12 - 17 working days
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Tirades against legal theatrics are nearly as old as law itself,
and yet so is the age-old claim that law must not merely be done:
it must be "seen to be done." Law as Performance traces the history
of legal performance and spectatorship through the early modern
period. Viewing law as the product not merely of edicts or
doctrines but of expressive action, it investigates the
performances that literally created law: in civic arenas,
courtrooms, judges' chambers, marketplaces, scaffolds, and streets.
It examines the legal codes, learned treatises, trial reports,
lawyers' manuals, execution narratives, rhetoric books, images (and
more) that confronted these performances, praising their virtues or
denouncing their evils. In so doing, it recovers a long, rich, and
largely overlooked tradition of jurisprudential thought about law
as a performance practice. This tradition not only generated an
elaborate poetics and politics of legal performance. It provided
western jurisprudence with a set of constitutive norms that, in
working to distinguish law from theatrics, defined the very nature
of law. In the crucial opposition between law and theatre, law
stood for cool deliberation, by-the-book rules, and sovereign
discipline. Theatre stood for deceptive artifice, entertainment,
histrionics, melodrama. And yet legal performance, even at its most
theatrical, also appeared fundamental to law's realization: a
central mechanism for shaping legal subjects, key to persuasion,
essential to deterrence, indispensable to law's power, -as it still
does today.
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