Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-xfwgj Total loading time: 0 Render date: 2024-06-22T05:39:19.105Z Has data issue: false hasContentIssue false

3 - The Rationalist Tradition of evidence scholarship

Published online by Cambridge University Press:  15 December 2009

William Twining
Affiliation:
University College London
Get access

Summary

What was formerly ‘tried’ by the method of force or the mechanical following of form is now tried by the method of reason.

Thayer

At the start of Shakespeare's Richard II Bolingbroke and Mowbray, Duke of Norfolk, are called before the King ‘to appeal each other of high treason’. Each of the disputants is anxious to defend his honour and to prove the other a traitor in the lists. Before they come before him, Richard asks Gaunt if this dispute is based on ancient malice or ‘worthily, as a good subject should, on some known ground of treachery in him’. Gaunt replies that, ‘as near as I could sift him on the argument’, there is no inveterate malice, but apparent danger to the King. Richard responds:

Then call them to our presence; face to face

And frowning brow to brow, ourselves will hear

The accuser and the accused, freely speak.

Only after they have had their say and Richard and others have failed to persuade them to make up, does he reluctantly agree to let

… your swords and lances arbitrate

The swelling difference of your settled hate.

They reassemble at Coventry ready for battle, but the King intervenes at the last moment to stop the fight and to banish both disputants, a classic example of a disastrous attempt at peaceful dispute-settlement.

We need not here concern ourselves with the detailed accuracy of Shakespeare's account of the proceedings, nor with whether this mode of dispute-settlement can appropriately be said to have involved a ‘trial’, political or otherwise.

Type
Chapter
Information
Rethinking Evidence
Exploratory Essays
, pp. 35 - 98
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×