{"title":"《作为表演的法律:古代、中世纪和近代早期欧洲的戏剧性、观赏性和法律的制定》","authors":"Raphael Magarik","doi":"10.1086/727575","DOIUrl":null,"url":null,"abstract":"Although discussing high-stakes, tense disputation, Peters does not write contentiously. (Though there are points of substantial correction: a remarkable footnote, which begins on page 146 and colonizes the entirety of 147, debunks the claim that the advent of the inquisitorial process in medieval Europe meant the end of “community participation” in trials.) I sometimes felt I was on an impossibly erudite, analytically acute, and very funny tour of European law, as it was practiced: messily, showily, and humanly. Yet Peters challenges two familiar ideas about law, related to each other. First, philosophers from Plato on have argued that law ought not be, or even is the antithesis of, theatricality; second, numerous histories plot toward legal theatricality’s decline, its replacement by a rule-driven, soberly bureaucratic, and modern courtroom.","PeriodicalId":45201,"journal":{"name":"MODERN PHILOLOGY","volume":"27 1","pages":"0"},"PeriodicalIF":0.4000,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\":<i>Law as Performance: Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe</i>\",\"authors\":\"Raphael Magarik\",\"doi\":\"10.1086/727575\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Although discussing high-stakes, tense disputation, Peters does not write contentiously. (Though there are points of substantial correction: a remarkable footnote, which begins on page 146 and colonizes the entirety of 147, debunks the claim that the advent of the inquisitorial process in medieval Europe meant the end of “community participation” in trials.) I sometimes felt I was on an impossibly erudite, analytically acute, and very funny tour of European law, as it was practiced: messily, showily, and humanly. Yet Peters challenges two familiar ideas about law, related to each other. First, philosophers from Plato on have argued that law ought not be, or even is the antithesis of, theatricality; second, numerous histories plot toward legal theatricality’s decline, its replacement by a rule-driven, soberly bureaucratic, and modern courtroom.\",\"PeriodicalId\":45201,\"journal\":{\"name\":\"MODERN PHILOLOGY\",\"volume\":\"27 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-09-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"MODERN PHILOLOGY\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1086/727575\",\"RegionNum\":2,\"RegionCategory\":\"文学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"LANGUAGE & LINGUISTICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"MODERN PHILOLOGY","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1086/727575","RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"LANGUAGE & LINGUISTICS","Score":null,"Total":0}
:Law as Performance: Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe
Although discussing high-stakes, tense disputation, Peters does not write contentiously. (Though there are points of substantial correction: a remarkable footnote, which begins on page 146 and colonizes the entirety of 147, debunks the claim that the advent of the inquisitorial process in medieval Europe meant the end of “community participation” in trials.) I sometimes felt I was on an impossibly erudite, analytically acute, and very funny tour of European law, as it was practiced: messily, showily, and humanly. Yet Peters challenges two familiar ideas about law, related to each other. First, philosophers from Plato on have argued that law ought not be, or even is the antithesis of, theatricality; second, numerous histories plot toward legal theatricality’s decline, its replacement by a rule-driven, soberly bureaucratic, and modern courtroom.
期刊介绍:
Founded in 1903, Modern Philology sets the standard for literary scholarship, history, and criticism. In addition to innovative and scholarly articles (in English) on literature in all modern world languages, MP also publishes insightful book reviews of recent books as well as review articles and research on archival documents. Editor Richard Strier is happy to announce that we now welcome contributions on literature in non-European languages and contributions that productively compare texts or traditions from European and non-European literatures. In general, we expect contributions to be written in (or translated into) English, and we expect quotations from non-English languages to be translated into English as well as reproduced in the original.