Shakespeare the Historian

Pugliatti, Paola

doi:10.1057/9780230373747

Cited by 45 publications

(9 citation statements)

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“…De allí la relevancia de los hechos y su repercusión cuando tienen esa cualidad; de allí aparece con toda vigencia el principio romano del ex facto oritur ius, por aquello de que "sin hechos no hay derecho". Es importante señalar 1 Pugliatti (1996) brinda una síntesis precisa del fenómeno, dice: "Fatto giuridico e dunque, qualsiasi situazione del mondo del'essere prevista dal diritto come causa di effetti giuridici" (p. 3).…”

Section: Generalidadesunclassified

Los hechos jurídicos

Caso

2020

RJA

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This study is about “legal acts”, which is a division of “the general aspects of private law. Most of the Civil Codes in the 20th and 21st centuries which include these general aspects, dedicate several of their articles to rule on said matter and determine in this way their nature, require-ments and effects .An example of all this are the Civil Codes in Germany (BGB), Brazil, Mexico, Switzerland among other countries. The new Civil and Commercial Code in force in Argentina since Au-gust 1st, 2015 deals with this matter in Book I, Title V, Chapter I (articles 257 to 264).Acts are external events within the social reality which have the power to alter or modify the surrounding environment. In this context, their analysis and study only apply to those actions or facts of a juridical nature and are therefore of interest to the law. All this makes it necessary to take a stand in order to explain when and why an event either natural o human is to be considered a “legal act”. To give an answer to this question, there are two opposed theories on the subject and some other irrelevant opinions. In this present, it has been intended to define and clarify the main points of both theories. One idea sustains that a legal act is the one which has in itself the character and the ability to achieve a goal, that is, the legal effect. This leads to defining it as the causal event of logical connection making it possible to get said legal effect then becoming a quality of the object itself. This theory is called “traditional” or “causative”. The second theory, supported by most of the Italian lawmakers and well spread in the modern doctrine considers that the legal acts themselves do not have a particular virtue but that their legal or juridical character is given by the fact that they are presupposed to have fulfilled all sta-tutory requirements. All this has been called fattispecie or “regulating factual presuppositions” by the Italian lawmakers.When a rule or law understands that to have a legal consequence it is necessary to do one or more acts, said acts become legal acts. For example , the birth or the death of a person is a “natural” act, but in most legislations the person who is born has the right to acquire, and the deceased to transfer their estate to their heirs. Other aspects have also been considered, in particular the classification of the legal acts, and the most important is the one which distinguishes natural acts from human acts which are tho-se where a human being takes part and with the expression of their will can do what are simply called “legal acts” or “legal transactions”.

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Section: Generalidadesunclassified

Los hechos jurídicos

Caso

2020

RJA

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“…Det er først og fremmest vigtigt at gøre klart, at man i det tidligt moderne England ikke opfattede historie og litteratur, ofte kaldet "poetry", som hinandens modpoler; de blev snarere opfattet som parallelle foretagender med en delvist overlappende målsaetning. Både historieskrivningens og poesiens målsaetning var, eller burde ideelt vaere, at fremvise moralske eller politiske exempla -forbilledlige mønstereksempler -der kunne instruere laeseren (se Pugliatti 1995, Worden 2005og Kewes 2006. Philip Sidney gik endda så vidt i The Defence of Poesy (1585) som til at haevde, at poesien var historien og filosofien overlegen, fordi disse blot fremviste begivenhederne, som de var haendt, mens poesien var optaget af de moralske og etiske lektier, som historien kunne fremvise: I conclude, therefore, that he [poesi] excelleth history, not only in furnishing the mind with knowledge but in setting it forward to that which deserveth to be called and accounted good which setting forward, and moving to well-doing, indeed setteth the laurel crown upon the poets as victorious.…”

Section: Historiedramaet Mellem Erindring Og Glemselunclassified

Alt er sandt!

Zirak-Schmidt¹

2019

Passage

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David Hasberg Zirak-Schmidt: “All is true! Memory, Oblivion and History in Shakespeare and Fletcher’s Henry VIII” In this article I examine the dialectic of memory and oblivion in Shakespeare and Fletcher’s history play Henry VIII. Taking off from a close reading of the ambivalent apotheosis of Catherine of Aragon, the article argues that Henry VIII questions the relationship between fiction and historical truth. Through this process, I argue, that the play self-consciously reflects on the theater’s role and ability as a transmitter of historical knowledge and truth.

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“…As Pugliatti suggests, this may be because issues of succession could be considered under the category of 'wrongs to be redressed' and therefore constitute a defensive war. 43 Purely aggressive war was rarely justified in any theoretical statement. 44 Michael Walzer summarises: 'aggressive wars, wars of conquest, wars to extend spheres of influence and establish satellite states, wars for economic aggrandisement -all these are unjust wars'.…”

Section: Justifying Foreign Conquestmentioning

confidence: 99%

“…In the folio text, Canterbury reveals that he has already 'made an offer to his majesty' to support the French wars and 'to give a greater advocate (especially in a theoretical treatise) for the justification of aggressive wars that aimed to expand a kingdom's territories or destroy a powerful nation that posed a political threat; instead, Elizabethan military discourses largely attempted to publish reasons for war that accorded with the just war doctrine. 54 Edward III and Henry V therefore occupy an interesting position between the reality of Elizabethan military conflicts, including the state of readiness that characterized the late Elizabethan period, and the presentation of the just war doctrine found in the military manuals that were published in large numbers at this time. While the plays can be seen as offering patriotic dramatizations of the French wars and the leadership of Edward and Henry, they also present the French campaigns as aggressive and expose the monarchs' self-serving efforts to legitimize military engagement.…”

Section: Justifying Foreign Conquestmentioning

confidence: 99%

Challenging Monarchical Legacies in Edward III and Henry V

Lidster¹

2019

English: Journal of the English Association

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Tudor chronicles regularly presented Edward III and Henry V as exemplary English monarchs, celebrated for their famous military victories against the French. During the last two decades of the Elizabethan period, these monarchs featured in a variety of new texts: as part of a flurry of war manuals that explore the conduct and experience of war and in plays for the professional stages. Together, the war manuals and stage plays make up an important body of texts that reveal the intertwined popular appeal of Edward III and Henry V and their application to contemporary politics, including the state of ongoing military preparation and engagement that marked the end of the Elizabethan period. This article offers a contrastive analysis of the monarchs' representations in selected war manuals and in Shakespeare's Henry V and the apocryphal Edward III. It argues that, while the war manuals examine the legacies of Edward and Henry, they are less detailed and critical than the plays, which offer potential for radical deconstruction of monarchical authority. Mediating between celebration and criticism, the plays question two aspects that had been closely associated with the popular reputations of these monarchs: a model of kingship that relies significantly on the person of the monarch and the legitimacy and expediency of foreign conquests. As the most sustained, individual accounts of Edward III and Henry V from the last decade of the Elizabethan period, the stage plays form an important part of the historiographical tradition and evaluation of these monarchs.

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Shakespeare the Historian

Cited by 45 publications

References 0 publications

Los hechos jurídicos

Los hechos jurídicos

Alt er sandt!

Challenging Monarchical Legacies in Edward III and Henry V

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