Law As Performance 1st edition by Julie Stone Peters 0192653598 9780192653598

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ISBN-10 :  0192653598 

ISBN-13 :  9780192653598

Author: Julie Stone Peters 

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.

Law As Performance 1st Table of contents:

1. Theatre, Theatrocracy, and the Politics of Pathos in the Athenian Lawcourt
Introduction: Aeschines vs. Demosthenes
Theatricality and Antitheatricality in the Athenian Lawcourt
Plato’s Theatrocracies
Aristotle on Hypokrisis and Pathos
Against Alcibiades: Theatrical Tears versus Righteous Outrage in the Legal Theatrocracy
Conclusion
2. The Roman Advocate as Actor: Actio, Pronuntiatio, Prosopopoeia, and Persuasive Empathy in Cicero and Quintilian
Introduction: Posing Fonteius
The Roman Legal Theatre
Staging Emotion
Emotion as Practice
Conclusion
3. Courtroom Oratory, Forensic Delivery, and the Wayward Body in Medieval Rhetorical Theory
Introduction: Alain de Lille’s Rhetorica (c.1182–84) in the Courtroom, or How to Win a Lawsuit in the Middle Ages
Medieval Courtroom Actors
Four Rhetorical Theorists on Courtroom Delivery
Conclusion
4. Irreverent Performances, Heterodox Subjects, and the Unscripted Crowd from the Medieval Courtroom to the Stocks and Scaffold
Introduction: Mooning the Law with Calefurnia and Catharina Arndes
Ideals of Order, Scripted Trials, and the Disorderly Crowd
Heretics and Witches: Staging Heterodoxy in the Fifteenth-Century Courtroom
The Spectacle of Punishment Beyond the Script
Conclusion
5. Performing Law in the Age of Theatre (c.1500–1650)
Introduction: The Priest’s Bastard and the Prince’s Grace: Entertaining the Polish Ambassadors in the “Greatest Theatre Ever” (1573)
The Rhetorical Tradition and the Figure of Theatre
Theatre and Lawyers in the Anti-Rhetorical Tradition
The Modern Courtroom as “Theatre”
The Legal Entertainment Industry
6. Legal Performance Education in Early Modern England
Introduction: Rehearsing the Revels in St. Dunstan’s Tavern (1628–29)
Directions for the Study of Law: Learning to Act Like a Lawyer
Practicing Performance: Moots and Disputations
Theatre in the Temple of Law: What the Revels Taught

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Tags: Law, Performance, Julie Stone Peters, Tirades, spectatorship