The Law in Cervantes and Shakespeare
Autor María José Falcón y Tellaen Limba Engleză Hardback – 22 sep 2021
This original and thought-provoking volume offers readers insight into the law “as” literature and the law “in” literature through the prism of masterpieces such as Don Quixote and Hamlet.
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Specificații
ISBN-13: 9789004470637
ISBN-10: 9004470638
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
ISBN-10: 9004470638
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Cuprins
Foreword
1Introduction
2The Law in Literature
3Miguel De Cervantes Saavedra
3.1 Historical Background
3.2 Life
3.3 The Omnipresence of Legal Themes in Cervantes’s Works
4Don Quixote of La Mancha
4.1 General Observations on the Work
4.2 Law and Literature in Don Quixote
4.3 The Sanchification of Don Quixote and the Quixotization of Sancho
4.4 Don Quixote, a Left-Wing Democrat
4.5 The Character of Dulcinea del Toboso
4.6 Significance of the Curate’s Character in Don Quixote
4.7 The Quixotism of Christopher Columbus
4.8 A “Golden Age Speech” with Communist Undertones
4.9 Defense of Nationalities and Languages
4.10 Knights-errant According to Don Quixote
4.11 Individual Rights and Freedoms in Don Quixote
AGeneral Observations
BThe Question of Cervantes and Human Rights
CHonor
DWomen in Don Quixote
EThe Right to Freedom of Thought: General Observations
FJews and New Christians: Antisemitism and Blood Purity
GMoors and Moriscos. The Basque and Indiano Cases
HHeresy, Magic, and Witchcraft
ICensorship
a Censorship “in” the Work
b Censorship “of” the Work
JThe Inquisition
KElder Law
4.12 War and Peace
AIs War Ever Just?
a General Observations on Just War Theory
b Was the War in Iraq a Just War?
c Evolution of the Concept of Just War After 9/11
BWar in Don Quixote
4.13 Monarchy, States, and Republic
4.14 On Government and the Administration of Justice
AProverbs
BThe Government of the Island of Barataria
CThe Episode of the Galley Slaves
DArbitration
4.15 Criminal Law
AGeneral Observations
BAggravating and Mitigating Factors in the Novel
CSpecific Crimes Mentioned in the Novel
DDon Quixote’s View of Delinquents
EToward a More Humane Criminal Law: The Privatization of Criminal Law
a Historical Background
b Comparative Law
c Restorative Justice and Probation in Criminal Law
d Repairing Harm: Toward a Conciliatory System
e What If We Did Away with Punishment?
f Handling Conflict as an Inevitability
g Resocializing Society to Make It Less Unjust Rather than Resocializing the Individual
h The Perfection of Criminal Law
i Dealing with a Complex Interdisciplinary Problem
4.16 Civil Law
AGeneral Observations
BThe Last Will and Testament of Alonso Quixano
CMarriage in Don Quixote
DCivil Tort Law
4.17 Labor Law
AGeneral Observations
BThe Remunerative Relationship between Don Quixote and Sancho: Wages or Rewards?
4.18 Commercial Law
AThe Business Activity of Inns from the Perspective of the Accommodation Contract
BThe “Ass-Colt Order” as a Glimpse of the Law of Negotiable Instruments
4.19 Tax Law
4.20 Procedural Law
4.21 Aristocratic Law
4.22 Madness in Don Quixote
4.23 Values in the Work
AFreedom
BEquality
CJustice
4.24 Love in Don Quixote
4.25 Legal Material: Sources of Law
4.26 The Geopoetic Landscape
5William Shakespeare
5.1 Life
ARelevant Legal Aspects of Shakespeare’s Life
BCorrelations between the Life and Work of Cervantes and Shakespeare
5.2 Work
AKing Lear
a Legal Aspects of the Work
b Madness in King Lear
BThe Merchant of Venice
a Legal Aspects of the Work
b Similarities to Don Quixote
CHamlet
a Legal Aspects of Hamlet
b Madness in Hamlet
c Comparison of the Characters of Don Quixote and Hamlet: Soulmates?
Bibliography
Index
1Introduction
2The Law in Literature
3Miguel De Cervantes Saavedra
3.1 Historical Background
3.2 Life
3.3 The Omnipresence of Legal Themes in Cervantes’s Works
4Don Quixote of La Mancha
4.1 General Observations on the Work
4.2 Law and Literature in Don Quixote
4.3 The Sanchification of Don Quixote and the Quixotization of Sancho
4.4 Don Quixote, a Left-Wing Democrat
4.5 The Character of Dulcinea del Toboso
4.6 Significance of the Curate’s Character in Don Quixote
4.7 The Quixotism of Christopher Columbus
4.8 A “Golden Age Speech” with Communist Undertones
4.9 Defense of Nationalities and Languages
4.10 Knights-errant According to Don Quixote
4.11 Individual Rights and Freedoms in Don Quixote
AGeneral Observations
BThe Question of Cervantes and Human Rights
CHonor
DWomen in Don Quixote
EThe Right to Freedom of Thought: General Observations
FJews and New Christians: Antisemitism and Blood Purity
GMoors and Moriscos. The Basque and Indiano Cases
HHeresy, Magic, and Witchcraft
ICensorship
a Censorship “in” the Work
b Censorship “of” the Work
JThe Inquisition
KElder Law
4.12 War and Peace
AIs War Ever Just?
a General Observations on Just War Theory
b Was the War in Iraq a Just War?
c Evolution of the Concept of Just War After 9/11
BWar in Don Quixote
4.13 Monarchy, States, and Republic
4.14 On Government and the Administration of Justice
AProverbs
BThe Government of the Island of Barataria
CThe Episode of the Galley Slaves
DArbitration
4.15 Criminal Law
AGeneral Observations
BAggravating and Mitigating Factors in the Novel
CSpecific Crimes Mentioned in the Novel
DDon Quixote’s View of Delinquents
EToward a More Humane Criminal Law: The Privatization of Criminal Law
a Historical Background
b Comparative Law
c Restorative Justice and Probation in Criminal Law
d Repairing Harm: Toward a Conciliatory System
e What If We Did Away with Punishment?
f Handling Conflict as an Inevitability
g Resocializing Society to Make It Less Unjust Rather than Resocializing the Individual
h The Perfection of Criminal Law
i Dealing with a Complex Interdisciplinary Problem
4.16 Civil Law
AGeneral Observations
BThe Last Will and Testament of Alonso Quixano
CMarriage in Don Quixote
DCivil Tort Law
4.17 Labor Law
AGeneral Observations
BThe Remunerative Relationship between Don Quixote and Sancho: Wages or Rewards?
4.18 Commercial Law
AThe Business Activity of Inns from the Perspective of the Accommodation Contract
BThe “Ass-Colt Order” as a Glimpse of the Law of Negotiable Instruments
4.19 Tax Law
4.20 Procedural Law
4.21 Aristocratic Law
4.22 Madness in Don Quixote
4.23 Values in the Work
AFreedom
BEquality
CJustice
4.24 Love in Don Quixote
4.25 Legal Material: Sources of Law
4.26 The Geopoetic Landscape
5William Shakespeare
5.1 Life
ARelevant Legal Aspects of Shakespeare’s Life
BCorrelations between the Life and Work of Cervantes and Shakespeare
5.2 Work
AKing Lear
a Legal Aspects of the Work
b Madness in King Lear
BThe Merchant of Venice
a Legal Aspects of the Work
b Similarities to Don Quixote
CHamlet
a Legal Aspects of Hamlet
b Madness in Hamlet
c Comparison of the Characters of Don Quixote and Hamlet: Soulmates?
Bibliography
Index
Notă biografică
María José Falcón y Tella is Professor of Legal Philosophy (1991) of the Complutense University of Madrid. She is the author of 30 books, many of them translated into different languages. The English-language versions of Civil Disobedience (2004), Punishment and Culture (2006), Equity and Law (2008), A Three-Dimensional Theory of Law (2010), Jurisprudence in Roman, Anglosaxon and Continental Law (2011), Justice and Law (2014), Law and Literature (2016) and Challenges to Legal Theory. Essays in Honour of Professor José Iturmendi Morales (2021), were published with Brill/Nijhoff. She was awarded the “National Prize of Studies in Law” in 1987.