Shakespeare and Judgment: The Renewal of Law and Literature

The European Legacy, Vol. 15, No. 2, 2010

33 Pages Posted: 2 Dec 2009

See all articles by Desmond Manderson

Desmond Manderson

ANU College of Law; ANU College of Arts and Social Sciences; McGill University - Faculty of Law

Paul Yachnin

affiliation not provided to SSRN

Date Written: November 29, 2009

Abstract

Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by the plays of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations — developing attributes of corrigibility, temporality, judgment, and publicity — by learning from law. Manderson finds modern legal judgment bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an inter-disciplinary engagement provides.

Note: Scheduled to appear as “Shakespeare Rules: Remembrance of Things Past” in above referenced publication.

Suggested Citation

Manderson, Desmond and Yachnin, Paul, Shakespeare and Judgment: The Renewal of Law and Literature (November 29, 2009). The European Legacy, Vol. 15, No. 2, 2010. Available at SSRN: https://ssrn.com/abstract=1515423 or http://dx.doi.org/10.2139/ssrn.1515423

Desmond Manderson (Contact Author)

ANU College of Law; ANU College of Arts and Social Sciences ( email )

Canberra, Australian Capital Territory 0200
Australia

HOME PAGE: http://https://researchers.anu.edu.au/researchers/manderson-dra

McGill University - Faculty of Law ( email )

Canada

HOME PAGE: http://https://researchers.anu.edu.au/researchers/manderson-dra

Paul Yachnin

affiliation not provided to SSRN

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