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What does it mean to talk about law as theater, to speak about the "performance" of transactions as mundane as the sale of a pig or as agonizing as receiving compensation for a dead kinsman? In Dark Speech, Robin Chapman Stacey explores such questions by examining the interaction between performance and law in Ireland between the seventh and ninth centuries. Exposing the inner workings of the Irish legal system, Stacey examines the manner in which publicly enacted words and silences were used to construct legal and political relationships in a society where traditional hierarchies were very much in flux. Law in early Ireland was a verbal art, grounded as much in aesthetics as in the enforcement of communal norms. In contrast with modern law, no sharp distinction existed between art and politics. Visualizing legal events through the lens of procedure, Stacey helps readers recognize the creative, fluid, and inherently risky nature of these same events. While many historians have long realized the mnemonic value of legal drama to the small, principally nonliterate societies of the early Middle Ages, Stacey argues that the appeal to social memory is but one aspect of the role played by performance in early law. In fact, legal performance (like other more easily recognized forms of verbal art) created and transformed as much as it recorded.
Examines the institution of personal suretyship through the remarkable rich sources extant from medieval Ireland and Wales.
In Law and the Imagination in Medieval Wales, Robin Chapman Stacey explores the idea of law as a form of political fiction: a body of literature that blurs the lines generally drawn between the legal and literary genres. She argues that for jurists of thirteenth-century Wales, legal writing was an intensely imaginative genre, one acutely responsive to nationalist concerns and capable of reproducing them in sophisticated symbolic form. She identifies narrative devices and tropes running throughout successive revisions of legal texts that frame the body as an analogy for unity and for the court, that equate maleness with authority and just rule and femaleness with its opposite, and that employ descriptions of internal and external landscapes as metaphors for safety and peril, respectively. Historians disagree about the context in which the lawbooks of medieval Wales should be read and interpreted. Some accept the claim that they originated in a council called by the tenth-century king Hywel Dda, while others see them less as a repository of ancient custom than as the Welsh response to the general resurgence in law taking place in western Europe. Stacey builds on the latter approach to argue that whatever their origins, the lawbooks functioned in the thirteenth century as a critical venue for political commentary and debate on a wide range of subjects, including the threat posed to native independence and identity by the encroaching English; concerns about violence and disunity among the native Welsh; abusive behavior on the part of native officials; unwelcome changes in native practice concerning marriage, divorce, and inheritance; and fears about the increasing political and economic role of women.
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