Law as performance : theatricality, spectatorship, and the making of law in ancient, medieval, and early modern Europe

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Cover Law as Performance: Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe Copyright Dedication Acknowledgments Contents List of Illustrations Note on Citations, Texts, and Translations Introduction Tothill Fields (1571): Law versus Theatre in “the Last Trial by Battel” Law as Performance: Legal Theatricality and Antitheatricality as Idea and Practice Law as Spectatorship: Public Trials, Open Courts, and the “Audience” Performance, Theatricality, Gender, Law, and the Question of Anachronism Representations of Legal Performance versus Legal Performance as Representation Chapter Summaries 1: Theatre, Theatrocracy, and the Politics of Pathos in the Athenian Lawcourt Introduction: Aeschines vs. Demosthenes Theatricality and Antitheatricality in the Athenian Lawcourt Trial as Theatre Against Histrionics Plato’s Theatrocracies Theatrocracy and Theatrical Sophism versus the Laws The Law and Its Double: Rival Actors and the Laws as Noble Tragedy Aristotle on Hypokrisis and Pathos The Vulgar Crowd and the Power of Hypokrisis The Poetics of Hypokrisis and Pathos Catharsis as Judgment and the Mobilizing of Emotion Against Alcibiades: Theatrical Tears versus RighteousOutrage 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 Courtroom as Theatre The Art of Actio and Pronuntiatio The Actor’s Apprentice: Be Theatrical . . . But Not Too Theatrical Staging Emotion Universal Languages: Emotion, Gesture, Voice Speaking Scenes: Caesar’s Robe, the Blood-Bespattered Plaintiff, the Litigant’s Face Prosopopoeia as Impersonation and Ventriloquism: Weeping for Milo in Cicero’s Pro Milone Emotion as Practice Masks and Faces: Personae and the Ethics of Decorum Training Empathy The Art of the Real 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 The Lawyer: Robed Vulture with Venal Tongue or Priest of the Laws? Forensic Oratory in Medieval Theory and Practice On Forensic Delivery Four Rhetorical Theorists on Courtroom Delivery Alcuin of York (c.735–804): Allegorical Insignia, Eschatological Space, and Bodily Decorum in the Carolingian Court Boncompagno da Signa (c.1165–1240): The Leaky Body as “Organic Instrument” and Courtroom Trickster Guilhem Molinier (fl. 1330–50): Delivery According to the Laws of Love Jean de Jandun (c.1285–1328): Signifying the Passions, Warping the Judge, Entertaining the Crowd 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 The Doge, the Judge, and the Sword: Allegorizing Justice as Terror and Pleasure in Venetian Civic Spectacle (c.1311) Rex as Lex before the Throng in Jean Fouquet’s “Lit de Justice de Vendôme” (1458) Noisy Crowds, Lawyers’ Harangues, and Scripted Trials: Thomas Basin’s Proposal (1455) Open Courtrooms, Festive “Law-Days,” and the German Rechtstag as Mock Trial Heretics and Witches: Staging Heterodoxy in the Fifteenth-Century Courtroom Performing Radical Theology as Legal Counter-Narrative: The Trial and Defrocking of Jan Hus (1415) Spitting at the Inquisitor: Helena Scheuberin, Heinrich Institoris, and the Innsbruck Witch Trial (1485) The Spectacle of Punishment Beyond the Script Execution as “Sacred Event” and “Theater of Devotion”? Deterrent Terror, Crowd Vengeance, and Going Off-Script Politics and the Heterogeneous Crowd Jeering “Like the Jews [Against] Jesus” Penal Pleasures 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 Delivery Handbooks for Lawyers and the Study of “Mute Eloquence” Learning from Roscius Theatre and Lawyers in the Anti-Rhetorical Tradition Humanist Legal Antitheatricality The Forum, the Stage, and the Sewer The Modern Courtroom as “Theatre” The Politics of a Trope The Courtroom as Encyclopedic Anatomy Theatre: Dissecting the Legal Body Pasquier’s Hands The Legal Entertainment Industry Learning from Marino’s Evil Cousin Critical Court-Watchers and the Feverish Crowd Pasquier Defends “the Slaughterer”: The Trial of Jean d’Arconville (1571) 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 Rhetorical Education as (Legal) Performance Training Manuals for the English Law Student The Noble Arts and Courtroom Carriage Practicing Performance: Moots and Disputations Rehearsal and Mimesis Public Spectacle, Battle, Theatre, Farce Impersonation, Make-Believe, and the Mise-en-Abîme Theatre in the Temple of Law: What the Revels Taught Defending Academic Theatre: Impersonation and Dissimulation for Lawyers The Trial of the Sorcerer in Gray’s Inn (1594): The Lawyer as Lord of Misrule Conclusion Epilogue Works Cited Primary Sources Secondary Sources Index