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Literature and Law in the Era of Magna Carta


ISBN13: 9780198847724
Published: October 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £86.00
Paperback edition , ISBN13 9780198904809



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Oxford Studies in Medieval Literature and Culture showcases the plurilingual and multicultural quality of medieval literature and promotes work that not only focuses on the whole array of subjects medievalists now pursue—in literature, theology, philosophy, social, political, jurisprudential, and intellectual history, the history of art, and the history of science—but also work that combines these subjects productively.

It offers innovative and interdisciplinary studies of every kind, including but not limited to manuscript and book history, linguistics and literature, post-colonial and global studies, the digital humanities and media studies, performance studies, the history of affect and the emotion, the theory and history of sexuality, ecocriticism and environmental studies, theories of the lyric, of aesthetics, of the practices of devotion, and ideas of medievalism.

Literature and Law in the Era of Magna Carta traces processes of literary training and experimentation across the early history of the English common law, from its beginnings in the reign of Henry II to its tumultuous consolidations under the reigns of John and Henry III. The period from the mid-twelfth through the thirteenth centuries witnessed an outpouring of innovative legal writing in England, from Magna Carta to the scores of statute books that preserved its provisions.

An era of civil war and imperial fracture, it also proved a time of intensive self-definition, as communities both lay and ecclesiastic used law to articulate collective identities. Literature and Law in the Era of Magna Carta uncovers the role that grammatical and rhetorical training played in shaping these arguments for legal self-definition. Beginning with the life of Archbishop Thomas Becket, the book interweaves the histories of literary pedagogy and English law, showing how foundational lessons in poetics helped generate both a language and theory of corporate autonomy.

In this book, Geoffrey of Vinsauf's phenomenally popular Latin compositional handbook, the Poetria nova, finds its place against the diplomatic backdrop of the English Interdict, while Robert Grosseteste's Anglo-French devotional poem, the Château d'Amour, is situated within the landscape of property law and Jewish-Christian interactions.

Exploring a shared vocabulary across legal and grammatical fields, this book argues that poetic habits of thought proved central to constructing the narratives that medieval law tells about itself and that later scholars tell about the origins of English constitutionalism.

Subjects:
Legal History, Law and Literature
Contents:
Introduction: The Poetics of Jurisdiction
1: The Grammar of Sacrifice: Becket, Learning, and Libertas
2: Classroom Historicisms: Interdict and the Poetria nova
3: Inventing Magna Carta
4: Jurisdictional Formalism: Robert Grosseteste and the Pastoral Model of Governance
5: Conjuring England: Crusade, Violence, and Communitas
Coda: The Jurisdictions of Form
Bibliography