Foundations of Sovereign Authority: The Example of Shakespearean Political Drama

Forthcoming book chapter in: Shakespeare and Authority (K. Halsey & A. Vine, eds., Palgrave, 2016-17)

Queen Mary School of Law Legal Studies Research Paper No. 224/2016

25 Pages Posted: 26 Mar 2016

See all articles by Eric Heinze

Eric Heinze

Queen Mary University of London, School of Law

Date Written: March 24, 2016

Abstract

As post-Renaissance Europe creates modern concepts of statehood and sovereignty, figures like Bodin, Grotius, and Hobbes undertake ‘constructive’, system-building theories of sovereign authority. Dramatists, in the meantime, are de-constructing sovereignty by unsettling the divergent bases of authority and legitimacy claimed for it. Concepts like ‘rule of law’, ‘popular consent’, or ‘natural law’ often serve to characterise rival legitimacy claims, but such concepts’ scope and interrelationships can be vague. This essay proposes a vocabulary and topology of legal and political authority within early modern drama. Two core categories — ‘right’ and ‘duty’ — are introduced to analyse legitimacy claims more precisely. Those, in turn, attach to twin normative claims, identified as legal ‘transcendence’ and legal ‘positivity’. Hence four basic types of legitimacy claims, each constantly defining itself in contrast to the others: ‘transcendent right’, ‘transcendent duty’, ‘positive right’, and ‘positive duty’. As those exercising or seeking power manoeuvre through their various legitimacy claims, they enact the scope and limits of the claims themselves, pointing us towards ‘deconstructive’ theories of sovereign authority.

Keywords: Absolutism, Divine Right, Early Modern Law, Legal History, Legal Theory, Law & Literature, Machiavellianism, Natural Law, Sovereignty

Suggested Citation

Heinze, Eric, Foundations of Sovereign Authority: The Example of Shakespearean Political Drama (March 24, 2016). Forthcoming book chapter in: Shakespeare and Authority (K. Halsey & A. Vine, eds., Palgrave, 2016-17) ; Queen Mary School of Law Legal Studies Research Paper No. 224/2016. Available at SSRN: https://ssrn.com/abstract=2754180

Eric Heinze (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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