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Abstract

Constructing a particular nation, that of early modern England, is seen here as a series of theatrical performances. Shakespeare’s work is taken as a series of thought experiments. Some, like The Merchant of Venice, are reassuring that threatening circumstances and innovatory social practices are capable of being overcome or assimilated from the unknown to the known. Some, like King Lear and Hamlet, ponder the consequences of a failure to discover a resolution. Some writers have argued that England was historically quite early in beginning to conceive of itself as a nation, rather than as a population of possibly heterogeneous regions subject to a dynasty, a state of affairs summarized in the by now clichéd remark attributed to the Sun King, “L’Etat, c’est moi”. For Shakespeare, if not for all of his contemporaries, the Englishman is a bit slow-witted, owing to his fondness for beef and red wine, but he is distinguishable from others and provides material for the second pieces of theater I look at. If there could be an Englishman, his experience with the absolutist pretensions of the Stuart monarchy allowed there to be a free-born Englishman (and, actually, Englishwoman). The two crucial battles of the English civil war, Marston Moor and Naseby, followed by the Army Debates of 1647–1649 form the stage for an at least aspiring egalitarianism we now know as the rights of man, or the rights of the civic person.

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Notes

  1. See Macintyre and Clark [1, p. 29].

  2. See Purkiss [2, Q and A Section, 4]. The battle of Bosworth Field, near Leicester, established the Tudor dynasty in 1485, an event, I shall suggest, with perhaps wider ramifications than Purkiss grants it. Nevertheless, Naseby, as we shall see, gradually enabled people to understand their world (in the west) in a new way.

  3. The frequent colloquial conflation of England and Great Britain is a cause of confusion. The United Kingdom is a political contrivance. An Allied Army confronted the Germans in the Great War, but it was as Scottish, French and German men that they played football at Christmas 1914: see Christian Carion’s 1995 film, Joyeux Noel. The scene in the film portraying the singing of Stilliche Nacht comports precisely with my late grandfather’s story. German soldiers approached “enemy” trenches with flags of truce on Christmas Eve 1914, saying “Englische soldaten” to be told “we’re no’ English, we’re Sco’ish, but ye’re welcome onyways”.

  4. See [3, p. 133].

  5. See [4].

  6. See [5, p. 19].

  7. Ibid.

  8. See [6].

  9. See [7].

  10. Quoted in Roy [8, p. 54].

  11. Rupert Brooke, The Soldier. His body would lie, he promised his reader, “under an English heaven”.

  12. See [9, p. 86].

  13. See [10].

  14. See [11, p. 87]. Ironically, of course, he was writing less than a decade before the Insurrection of 1857.

  15. See [12, p. 8]. The nuances of class and ethnicity in the constructions of Kipling’s work are often startling.

  16. See [13, 14].

  17. See [15].

  18. See Noth on De Saussure and Beneviste [16, p. 244].

  19. See [16].

  20. See [15, p. 118]. He might have added “legal” to political, since, in relation to monetary currency, we speak of “legal tender”.

  21. See [17, pp. 19–21]. As Defoe put it elsewhere See [18, p. 140] concerning another castaway: “I had a parcel of money. Alas! There the nasty, useless, stuff lay. I had no manner of business for it.” And see also James Thompson [19, Chap. 3].

  22. See [20, 21].

  23. See [22, 23].

  24. See [24, p. 37].

  25. One thinks, here, of course of the work of Pierre Bourdieu, in particular see [25], on the cultural dimension of law’s political recognition of important, apparently individual accomplishments of social status by virtue of possession or cultural achievement.

  26. See [2628].

  27. See [29]. The chart was, it proclaims, discovered in the Kaiser’s Alcove at Osborne House, one of Queen Victoria’s favorite retreats.

  28. See [30].

  29. See [31].

  30. See [32].

  31. See [33].

  32. See [34, 35, pp. 92–96].

  33. Leanda de Lisle argues that the failure of Elizabeth’s successor to use theater “as a symbol of national aspirations” contributed much to the alienation and disintegration that was to characterize seventeenth century England. “… the nation that shaped and worshipped Gloriana never forgave him for it”. See [36, p. 289].

  34. “wain” was a term much favored by Morris, Rossetti and others, whose preferred nomenclature for the ubiquitous urban tram or omnibus, was “folk wain”.

  35. See Baldwin [37].

  36. See [38].

  37. See Thompson’s Conclusion [39].

  38. See [40].

  39. See Andrews [41] for the importance of the Hakluyts in the areas of discussion on the issues.

  40. See [42, Act I Sc i].

  41. See [42, Act IV Sc i].

  42. See [43, p. 69]. The Aboriginal character in Alex Miller’s Landscapes of Farewell, describing his father’s violence toward him to a retired professor from Hamburg says, “It is as if he had searched for an answer that had cursed him from the day of his birth. What is it I am supposed to do? And he received no answer” [See 44, p. 161].

  43. See [45, pp. 188–189].

  44. See [46, pp. 14–15].

  45. See [47, Act II Sc vii].

  46. See [48, Act II Sc ii].

  47. See [49, Act V Sc vii].

  48. See [50, pp. 210–212].

  49. See [51].

  50. See [52].

  51. See [53, Chap. 3, 54, Chap. 9].

  52. It is worth noting that the House of that name was understood to represent, or stand for a greater commons, that of the free Englishman. For many historians, the army was far more representative of this subject, more literate and politically engaged in the seventeenth century until the mid-nineteenth.

  53. The (First) Agreement of the People, in GE Aylmer see [55, p. 89].

  54. See [56, p. 62, Introduction].

  55. See [56, p. 53].

References

  1. Macintyre, Stuart, and Anna Clark. 2003. The history wars. Melbourne: Melbourne University Press.

    Google Scholar 

  2. Purkiss, Diane. 2007. The English Civil War: A people’s history. London: Harper.

    Google Scholar 

  3. Tindemans, Klaas. 1997. The King’s travesty: The theatrical gaze and the representation of the political and legal order. International Journal for the Semiotics of Law X: 115–139.

    Article  Google Scholar 

  4. Anderson, Benedict. 1983. Imagined communities. London: Verso.

    Google Scholar 

  5. Neumann, Klaus. 2008. But is it history? Cultural Studies Review 14: 19.

    Google Scholar 

  6. Sacks, Oliver. 1985. The man who mistook his wife for a hat. New York: Summit Books.

    Google Scholar 

  7. Fetter, Frank. 1974. The revision of the declaration of independence in 1941. The William and Mary Quarterly 3rd Ser 31: 133–139.

  8. Roy, Arundhati. 2006. An ordinary person’s guide to empire. New Delhi: Penguin.

    Google Scholar 

  9. Kipling, Rudyard. 1977. Something of myself. Harmondsworth: Penguin.

    Google Scholar 

  10. Colaiaco, James. 1983. James Fitzjames Stephen and the crisis of Victorian thought. London: Macmillan.

    Google Scholar 

  11. Macaulay, T.B. 1920. Essay on Clive. London: Dent.

    Google Scholar 

  12. Kipling, Rudyard. 1946 [1892]. Tommy. Barrack Room Ballads and Other Verses. London: Methuen.

  13. Voruz, Veronique. 2006. The logic of exception: A structural reading of the foundational texts of psychoanalysis. Law, Culture and the Humanities 2: 162–178.

    Article  Google Scholar 

  14. Voruz, Veronique. 2002. Sovereignty, power and resistance. International Journal for the Semiotics of Law 15: 231–252.

    Article  Google Scholar 

  15. de Saussure, Ferdinand. 1977. General course in linguistics. London: Fontana.

    Google Scholar 

  16. Noth, Winifried. 1995. Handbook of semiotics. Indianapolis: University of Indiana Press.

    Google Scholar 

  17. Defoe, Daniel. 1720. Captain Singleton: Life, adventures and piracies of Captain Singleton and life of Colonel Jack. London: Henry Bohn MDCCCLIV.

    Google Scholar 

  18. Defoe, Daniel. 1985 [1719]. The Life and Adventures of Robinson Crusoe. Harmondsworth: Penguin.

  19. Thompson, James. 1999. Models of value: Eighteenth century political economy and the novel. Durham, NC: Duke University Press.

    Google Scholar 

  20. Yolton, John, and Yolton Jean, eds. 1989. John Locke: Some thoughts concerning education. Oxford: OUP.

    Google Scholar 

  21. Klein, Lawrence. 1999. Third Earl of Shaftesbury: Characteristics of men, manners and opinions. Cambridge: CUP.

    Google Scholar 

  22. Hume, David. 1972. Enquiries concerning the human understanding and the principles of morals. Oxford: OUP.

    Google Scholar 

  23. Hume, David. 1987. Essays moral, political and literary, Essay IV, Of the first principles of government. Indianapolis: Liberty Collection.

    Google Scholar 

  24. Lacan, Jacques. 2008. My teaching. London: Verso.

    Google Scholar 

  25. Bourdieu, Pierre. 1984. Distinction: A social critique of the judgement of taste. New York: RKP.

    Google Scholar 

  26. Wilson, Kathleen. 1992. The sense of the people: Politics, culture and imperialism in England. Cambridge: CUP.

    Google Scholar 

  27. Wilson, Kathleen. 1999. A new imperial history: Culture, identity, history. Cambridge, MA: Harvard University Press.

    Google Scholar 

  28. Wilson, Kathleen. 2004. Empire, gender and modernity in the Eighteenth century. In Gender and empire, ed. Philippa Levine. Oxford: OUP.

    Google Scholar 

  29. Department of the Environment. 1967. Kings and Queens of England. London: HMSO.

    Google Scholar 

  30. Davies, Norman. 1999. The Isles: A history. Oxford: OUP.

    Google Scholar 

  31. Shakespeare, William. 1911. A Midsummer Night’s Dream Act II Sc i. London: Dent.

  32. Freeman, Edward. 1876. The growth of the English Constitution from earliest times. London: Macmillan.

    Google Scholar 

  33. Ishiguro, Kazuro. 1989. Remains of the day. London: Faber and Faber.

    Google Scholar 

  34. Duncanson, Kirsty. 2008. Embodiments of the constitution in the romanticised narratives of the funeral of Diana, Princess of Wales and Four Weddings and a Funeral. Australian Feminist Law Journal 28: 121–150.

    Google Scholar 

  35. Duncanson, Kirsty. 2008. Imagining constitutions: Film, Event, Text. Unpublished PhD thesis, University of Melbourne.

  36. De Lisle, Leanda. 2005. After Elizabeth: The rise of James of Scotland and the struggle for the Throne of England. New York: Ballantine Books.

    Google Scholar 

  37. Baldwin, Stanley. 1997. http://news.bbc.co.uk/1/hi/special_report/1997.

  38. Tidrick, Katherine. 2009. Empire and the English character: The illusion of authority. London: IB Tauris.

    Google Scholar 

  39. Thompson, E.P. 1974. Whigs and hunters. London: Allen Lane.

    Google Scholar 

  40. Shakespeare, William. 1911. Henry V, Act III Sc ii. London: Dent.

  41. Andrews, Kenneth. 1986. Trade, plunder and settlement: Maritime enterprise and the genesis of the British Empire 1480–1630. Cambridge: CUP.

    Google Scholar 

  42. Shakespeare, William. 1911. The Merchant of Venice, Act I Sc i. London: Dent.

  43. Miller, Jacques-Alain. 2007. The Sinthome, a mixture of symptom and fantasy. In The later Lacan, ed. Veronique Voruz and Bogdan Wolf. Albany: State University of New York Press.

    Google Scholar 

  44. Miller, Alex. 2007. Landscapes of farewell. Sydney: Allen and Unwin.

    Google Scholar 

  45. Evans, Dylan. 1996. An introductory dictionary of Lacanian psycho-analysis. London: Routledge.

    Google Scholar 

  46. Zizek, Slavoj. 1992. Enjoy your symptom!. New York: Routledge.

    Google Scholar 

  47. Shakespeare, William. 1911. As You Like It. London: Dent.

    Google Scholar 

  48. Shakespeare, William. Hamlet, Prince of Denmark.

  49. Shakespeare, William. Macbeth.

  50. Schroeder, Jeanne. 2000. The hysterical Attorney: The legal advocate within Lacanian Discourse Theory. International Journal for the Semiotics of Law 11: 181–213.

    Article  Google Scholar 

  51. Agamben, Giorgio. 1998. Homo Sacer: Sovereign power and bare life. Stanford: Stanford University Press.

    Google Scholar 

  52. McIlwain, Charles ed. 1918. The political writings of James I. Cambridge, MA: Harvard University Press.

    Google Scholar 

  53. Aylmer, G.E. 1987. Rebellion or revolution? England from Civil War to restoration. Oxford: OUP.

    Google Scholar 

  54. Manning, Brian. 1976. The English People and the English Revolution. London: Penguin.

    Google Scholar 

  55. Aylmer, G.E. ed. 1975. The levellers in the English Revolution. London: Thames and Hudson.

    Google Scholar 

  56. Woodhouse, A.S.P. ed. 1986. Puritanism and liberty: Being the army debates 1647–49 from the Clarke Manuscripts. London: Dent.

    Google Scholar 

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Duncanson, I.W. Reading for Law and the State: Theaters of Problematization and Authority. Int J Semiot Law 22, 321–342 (2009). https://doi.org/10.1007/s11196-009-9111-y

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