Through a reading of the plays produced by the Inns of Court, this chapter will evaluate the literary, symbolic, and imaginative significance of the ‘law of nature’. In the 16th c., ‘jus naturale’ presented a dense and loaded concept with an Aristotelian-Thomist foundation, which kept accruing other layers, as jurists, political philosophers, polemicists, staked claim to the idea at moments of jurisdictional or ideological conflict. In effect it remained an interpretive battlefield, a realm of exceptionality frequently invoked by interested parties to legitimize their point of view. For instance, the Tudor jurist Christopher St German called upon the law of nature in his attempt to theorize the equitable jurisdiction of the Chancery. Nearly a century later when the rivalries between Chancery and the common law courts came to a head, Sir Edward Coke claimed that the jurisdiction of the latter subsumed all others because ‘common law was natural law applied to English life’. Such competing hermeneutic claims pertaining to the law of nature are rehearsed in the imaginative literature produced by the Inns of Court, by examining which we can delineate the exceptional space occupied by ‘natural law’, within the interstices of positive law.

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Law of Nature in Inns of Court Drama

  • Doyeeta Majumder

摘要

Through a reading of the plays produced by the Inns of Court, this chapter will evaluate the literary, symbolic, and imaginative significance of the ‘law of nature’. In the 16th c., ‘jus naturale’ presented a dense and loaded concept with an Aristotelian-Thomist foundation, which kept accruing other layers, as jurists, political philosophers, polemicists, staked claim to the idea at moments of jurisdictional or ideological conflict. In effect it remained an interpretive battlefield, a realm of exceptionality frequently invoked by interested parties to legitimize their point of view. For instance, the Tudor jurist Christopher St German called upon the law of nature in his attempt to theorize the equitable jurisdiction of the Chancery. Nearly a century later when the rivalries between Chancery and the common law courts came to a head, Sir Edward Coke claimed that the jurisdiction of the latter subsumed all others because ‘common law was natural law applied to English life’. Such competing hermeneutic claims pertaining to the law of nature are rehearsed in the imaginative literature produced by the Inns of Court, by examining which we can delineate the exceptional space occupied by ‘natural law’, within the interstices of positive law.