scholarly journals Significant Silences in Locke'sTwo Treatises of Government: Constitutional History, Contract and Law

1988 ◽  
Vol 31 (2) ◽  
pp. 275-294 ◽  
Author(s):  
Martyn P. Thompson

It is increasingly common in modern literary theory to read that a text's meaning must be elicited from the textual ‘possibilities which arenot said’. At this level of generality, the proposition applies equally to the interpretation of non-literary as literary texts. In this paper, I shall endeavour to illustrate the usefulness of this approach by considering the meaning of Locke's argument inTwo treatisesin terms of things which Locke chose not to say. I shall argue two points. First, I shall suggest that many of the controversies which have arisen in recent years about Locke's meaning have suffered because inadequate attention has been paid to the precise character of a number of silences in Locke's argument. The persistence of an inadequate framework for understanding the character of Englishmen's appeals to an original contract, constitutional law and history in the late seventeenth century will occupy my attention here. Second, I shall suggest that attention to the details of Locke's most significant silences can cast light on current controversies about the intellectual status of Locke's argument. In particular, I shall argue that the current tendency to locateTwo treatiseswithin a context of coded, conspiratorial politics is mistaken.

Author(s):  
Jean Galbraith

Over its constitutional history, the United States has developed multiple ways of joining, implementing, and terminating treaties and other international commitments. This chapter provides an overview of the law governing these pathways and considers the extent to which comparative law has influenced them or could do so in the future. Focusing in particular on the making of international commitments, the chapter describes how, over time, the United States came to develop alternatives to the process set out in the U.S. Constitution’s Treaty Clause, which requires the approval of two-thirds of the Senate. These alternatives arose partly from reasons of administrative efficiency and partly from presidential interest in making important international commitments in situations where two-thirds of the Senate would be unobtainable. These alternatives have had the effect of considerably increasing the president’s constitutional power to make international commitments. Nonetheless, considerable constraints remain on presidential power in this context, with some of these constraints stemming from constitutional law and others from statutory, administrative, and international law. With respect to comparative law, the chapter observes that U.S. practice historically has been largely but not entirely self-contained. Looking ahead, comparative practice is unlikely to affect U.S. constitutional law with respect to international agreements, but it might hold insights for legislative or administrative reforms.


2019 ◽  
Vol 23 (1) ◽  
pp. 265-273
Author(s):  
Eckhard Lobsien

Abstract What sort of object is a literary text? From a phenomenological point of view - phenomenology considered as both a radical theory of reading and a theory of radical reading - a range of answers arise, many of them tinged with deconstructive momentum. This paper aims at pointing out some basic issues in reading literary texts, offering ten theses on the enduring tasks of phenomenological literary theory.


1988 ◽  
Vol 113 (2) ◽  
pp. 274-305
Author(s):  
Jerome Roche

It is perhaps still true that research into sacred types of music in early seventeenth-century Italy lags behind that into madrigal, monody and opera; it is certainly the case that the textual aspects of sacred music, themselves closely bound up with liturgical questions, have not so far received the kind of study that has been taken for granted with regard to the literary texts of opera and of secular vocal music. This is hardly to be wondered at: unlike great madrigal poetry or the work of the best librettists, sacred texts do not include much that can be valued as art in its own right. Nevertheless, if we are to understand better the context of the motet – as distinct from the musical setting of liturgical entities such as Mass, Vespers or Compline – we need a clearer view of the types of text that were set, the way in which composers exercised their choice, and the way such taste was itself changing in relation to the development of musical styles. For the motet was the one form of sacred music in which an Italian composer of the early decades of the seventeenth century could combine a certain freedom of textual choice with an adventurousness of musical idiom.


Author(s):  
Cassandra Falke

Abstract This article identifies in contemporary literary theory a new optimism about the power of literary texts. The medium of this power is not language, ideology, or form but readers open to being changed. Drawing on phenomenology, the article discusses methods for making literary theory students open to and aware of such change, suggesting that hope is the grounding condition for any effective teaching act as well as an effective ground for reading in an era of globalization.


Author(s):  
Bradley J. Irish

This chapter argues that Fulke Greville’s long career of royal service, and many of the literary texts that he created, were shaped by two Elizabethan court luminaries: Sir Philip Sidney and Robert Devereux, Earl of Essex. Through biographical and literary analysis, I trace the political and intellectual influence of both Sidney and Essex on Greville’s career at court, with special attention to how the Sidney/Essex circle’s famed interest in Senecan neostoicism and Tacitean historiography manifest in Greville’s life and works. Though Greville outlived his former patrons by decades, it is his experience with them in the second half of Elizabeth’s reign that moulded his courtly outlook in the seventeenth century.


2021 ◽  
pp. 84-91
Author(s):  
Alastair Fowler

This chapter addresses the laws of genre in the seventeenth century. The idea of laws of genre, at least in their modern form, was imported into literary theory from linguistics. At a time when literary conventions were thought of as supplementary language rules, genres understandably came to be regarded as coding systems. The genres need to be restored to their settings in history and literary tradition, and to see them once more as diachronic existences. Among the strongest claims for the status of law is surely the arrangement of genres in pairs: epigram and lyric; pastoral and georgic; novel and romance. The chapter then looks at the connection between seventeenth-century pastoral and georgic. Pastoral is spoken dramatically by shepherds, and in consequence must use simple diction that avoids any hint of precise knowledge: a language of feeling incapable of particularization or detailed description. Georgic, on the contrary, is spoken in the poet’s own voice, and far from avoiding knowledgeability seeks to inculcate it through didacticism, albeit didacticism concealed by implicitness and sweetened by delightful details.


Author(s):  
Alice Bennett

From classical antiquity onwards, writing about life after death has consistently served as a situation for questions of literary theory. The locations of the afterlife are hypotheticals and counterfactuals; they are the site of theory itself. Questions about authorship, for instance, have been articulated through the myth of Orpheus (in the forms recorded by Virgil and Ovid). The story of Orpheus tells of a poet who must go into the underworld to find the material for a tale of survivorship and loss, raising questions about the sources of creative inspiration, the art of trauma, and the suffering of the authentic artist. Dante’s imagined structures of an afterlife, in which punishments fit crimes with an apt poetic justice, have similarly been enlisted into one of the most important theoretical debates of the 20th century between formalists and historicists. The afterlife as a supplement to life’s time has also been used as a way of thinking about temporality and the implications for narrative as a literary mode that works with and through the philosophy of time. One of the most influential aspects of the literature of the afterlife to resonate in literary theory has been the ghost story. In its greatest manifestations, from Hamlet to The Turn of the Screw to Beloved, the ghost story forces its readers to acknowledge those elements of the past that refuse to be laid to rest, and it has therefore served as a vehicle for psychoanalytic questions about how processes of individual or collective memory are depicted in literary texts. In poststructuralist theory, the notion of the hauntological has also built its concepts in dialogue with earlier literary ghosts and become a way of thinking about language and its uncanny slippage between presence and absence. Subsequent critical work continued to develop hauntology into a way of understanding temporality and cultural history. Finally, the notion of prosopopoeia, or the voicing of the dead through writing, is perhaps the most far-reaching way of understanding the prevalence of dead voices as a literary trope, which reflects something of the processes of reading and writing themselves. The afterlife has therefore been a crucial source of generative metaphors for literary theory, as well as a topic and setting with an important literary history.


2001 ◽  
Vol 54 (4-Part2) ◽  
pp. 1467-1494 ◽  
Author(s):  
Alison A. Chapman

This article demonstrates an early modern association between the trade of shoemaking and the act of altering the festal calendar. It traces this link through a series of sixteenth- and seventeenth-century English literary texts including Thomas Deloney's Gentle Craft, Thomas Dekker's Shoemaker's Holiday, and Shakespeare's Julius Caesar and — most notably — Henry V. The article argues that the depictions of cobblers making holidays resonated with the early modern English politics of ritual observance, and its concluding discussion of the Saint Crispin's Day speech in Henry V shows how the play imagines king and cobblers vying for control of England's commemorative practice.


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