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The ancient constitution, common law and the Idyll of Albion: law and lawyers in Henry IV, Parts 1 and 2
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Raffield, Paul. (2010) The ancient constitution, common law and the Idyll of Albion: law and lawyers in Henry IV, Parts 1 and 2. Law and Literature, Vol.22 (No.1). pp. 18-47. ISSN 1535-685X
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Official URL: http://dx.doi.org/10.1525/lal.2010.22.1.18
Abstract
In Henry IV, Parts 1 and 2 Shakespeare provides an image of the unifying function of law in a disjointed society. This article examines the depiction in these plays of an idealized legal system, whose agents subscribe to the axioms of an equitable jurisprudence, in which kings are subject to an unwritten moral law. The central role played by common lawyers in shaping the development of the ancient constitution is considered by reference to two of the principal players in Henry IV, Part 2: the Lord Chief Justice and Justice Shallow. The influence of several judges of the early modern period (especially the Lancastrian Chief Justice, Sir John Fortescue) over the depiction of these two characters is analyzed. In the second part of the article the various models of fatherhood offered in the plays are examined. The correlation between paternity and the mystical nature of kingship provides the basis for the final section of the article, in which is considered the possible influence of Plowden's Report of the Case of the Duchy of Lancaster over the formulation of Henry IV, Parts 1 and 2.
| Item Type: | Journal Article |
|---|---|
| Subjects: | K Law > KD England and Wales P Language and Literature > PR English literature |
| Divisions: | Faculty of Social Sciences > Law |
| Library of Congress Subject Headings (LCSH): | Shakespeare, William, 1564-1616. King Henry IV. Part 1, Shakespeare, William, 1564-1616. King Henry IV. Part 2, Great Britain. Lord Chief Justice of England, Law in literature, Common law -- Great Britain -- History, Constitutional history -- Great Britain, Great Britain -- History -- Henry IV, 1399-1413 |
| Journal or Publication Title: | Law and Literature |
| Publisher: | University of California Press |
| ISSN: | 1535-685X |
| Date: | 3 March 2010 |
| Volume: | Vol.22 |
| Number: | No.1 |
| Page Range: | pp. 18-47 |
| Identification Number: | 10.1525/lal.2010.22.1.18 |
| Status: | Peer Reviewed |
| Access rights to Published version: | Restricted or Subscription Access |
| Related URLs: | |
| URI: | http://wrap.warwick.ac.uk/id/eprint/2897 |
Data sourced from Thomson Reuters' Web of Knowledge
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