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This thesis addresses some of the extant gaps in law and literature criticism using an historical cultural criticism of law and literature that focuses on the Jacobean female legal subject in cases of divorce and adultery. It examines the intellectual milieu that constructs law and literature in this period to contribute to research on female subject formation, and looks specifically at how literature and law work to construct identity. This thesis asks what views Jacobean literature presents of the female legal subject, and what do those views reveal about identity and gender construction? Chapter one offers some essential historical contexts. It establishes the jurisprudential conditions of the period, defines the ideal female legal subject, touches on recent historical scholarship regarding women and law, explores how literature reveals law's artificiality, and links the Inns of Court to the theatres. Chapter two focuses on women and divorce. The first sections discuss the theology and ideology which impacted on divorce law. The latter sections examine Elizabeth Cary's Tragedy of Mariam, ca. 1609, and two manuscript accounts of Frances Howard's 1613 divorce trial, William Terracae's poem, A Plenarie Satisfaction, ca. 1613, and The True Tragi-Comedie Formarly Acted at Court, a play by Francis Osborne, 1635. These texts reveal the legal construction and frustrations of married women, and illustrate a gendered divide in attitudes towards women's legal position. Chapter three examines women and adultery law. It then juxtaposes representations of women justly accused of adultery, like the real-life Alice Clarke, and the fictional Isabella in John Marston's The Insatiate Countess, 1613, and unjustly accused, like the virtuous wives in Marston's play. This chapter reveals how male anxiety creates the stereotypes that constrain the female legal subject within systems of patrilineal inheritance. As a whole, this thesis uses literature to explore the Jacobean female legal subject's relationship to her husband and to the law, and, in some cases, it challenges the assumption that women were effectively constrained by legal dictates which would keep them chaste, silent and submissive. Literature, in some cases, works alongside law to sustain constructed identities, but radical literature can undermine law by challenging the stereotypes and identities law works to maintain.

Orientador: Carlos Eduardo Ornelas Berriel / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Estudos da Linguagem / Made available in DSpace on 2018-08-26T07:15:27Z (GMT). No. of bitstreams: 1 Baldo_MileneCristinadaSilva_M.pdf: 3399367 bytes, checksum: db5268af50e3efcc955d2d92fe5f0b1c (MD5) Previous issue date: 2014 / Resumo: O objetivo desse trabalho de mestrado é traduzir e estudar The Description of a New World, Called The Blazing-World, de autoria da filósofa natural e Duquesa de Newcastle Margaret Lucas Cavendish, e cuja publicação ocorreu pela primeira vez em 1666 acompanhando seu outro livro Observations upon Experimental Philosophy. A obra estudada é considerada a primeira no gênero literário utópico escrita por uma mulher e apresenta a história do descobrimento de um novo mundo por um estrangeiro que, após atravessar os mares, ali desembarca. O Mundo Resplandecente possui uma organização das leis, do estado, da religião etc. que permite uma vida em perfeita harmonia. Porém, diferentemente da estrutura paradigmática do texto de Thomas Morus, após sua chegada, o estrangeiro passa a interferir nesse mundo provocando-lhe mudanças substanciais, principalmente no que se refere à criação de sociedades científicas. Pertencendo às utopias produzidas ao longo do século XVII, como algumas delas, este texto possibilita a observação de um ideal pautado no contexto político e histórico que circunda o autor, bem como, e principalmente, apresenta ao leitor diferentes ideias presentes nos debates filosóficos dessa época. Esse caráter ocorre, de forma central, em função das críticas que a autora faz à filosofia experimental praticada pela Royal Society e que estão presentes em Observations, contudo, na utopia, um de seus intuitos é tratar dessa argumentação filosófica de forma a facilitar a compreensão aos que não participavam desse debate / Abstract: The objective of this Master¿s thesis is to complete a translation to Portuguese and a study of the The Description of a New World, Called The Blazing-World, by the natural philosopher Margaret Lucas Cavendish (the Duchess of Newcastle). This work was first published in 1666, following her previous book Observations upon Experimental Philosophy. This is considered to be the first utopian work written by a woman and presents the history of the discovery of a new world by a stranger, after a trip across the seas. This world has perfect organization of law, state, religion etc., resulting in a harmonious life for its inhabitants. The story has some resemblance to Thomas More¿s Utopia (1516) but is different in that, after his arrival, the stranger starts to interfere in this world. This causes a number of changes, mainly to established scientific societies. In a similar way to various other `utopias¿ produced throughout the seventeenth century, Cavendish¿s text allows the observation of the ideal political and historical context that surrounds the duchess, as well as introducing the reader to various ideas present in philosophical debates in that time. This includes various criticisms that the author makes of the experimental philosophy practiced by The Royal Society, which are also focused on in Observations. One of main purposes of the creation of this particular fictional utopia is to introduce the principle of philosophical argumentation to those who had not previously been able to participate in such debates / Mestrado / Teoria e Critica Literaria / Mestra em Teoria e História Literária

This thesis provides the first full-length account of the political and cultural significance of the accession of Queen Anne. It offers a critical reassessment of the politics of the royal image across a spectrum of texts, events, and artefacts - from panegyrics, newspapers, sermons, royal progresses, and processions to medals, coins, and playing cards. Recent scholarship has emphasized the importance of party politics to the literature and culture of the early eighteenth century. This thesis nuances that assumption by arguing: (1) that the principal focus of partisan texts was competing representations of monarchy; and (2) that the explosion of partisanship at the start of the eighteenth century was triggered by unrest about the royal succession. Anne was the last protestant Stuart. She had no surviving children. This thesis explores how authors such as Daniel Defoe, Joseph Addison, Alexander Pope, and a great many lesser known and anonymous writers and propagandists conceptualized the end of the Stuart dynasty. Anne's accession forced writers to conjecture on the future succession. There were two rival claimants to the throne after Anne's death: the protestant Electress Sophia of Hanover and Anne's Catholic half-brother, James Francis Edward. Sophia's claim was statutory, James's hereditary. Factions emerged in support of both claimants. Almost all topical writing took a stance on the issue. Many sided with the government, supporting Hanover. Yet some writers favoured the illegal but hereditary claim of James Francis Edward; they had to express support in covert ways. This succession crisis triggered not only printed polemic, but also swathes of clandestine manuscript literature circulating in the Jacobite underground. The government took a hard line on Jacobite writers and printers; this thesis documents both their persecution and the techniques they used to evade the law. The thesis concludes by suggesting that this oppositional literary culture only disintegrated after the defeat of the Jacobite rebellion, and the consequent settlement of the Hanoverian succession, in late 1716. After this point, royal succession ceased to be a major source of political discontent.