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A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) and the Theatrical Transmutability of Law's Texts

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A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) and the Theatrical Transmutability of Law's Texts University of Wollongong Research Online Faculty of Law, Humanities and the Arts - Papers Faculty of Arts, Social Sciences & Humanities 1-1-2018 "Stir Up the Australian Youth to Merriment": A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) and the Theatrical Transmutability of Law's Texts Marett Leiboff University of Wollongong, [email protected] Follow this and additional works at: https://ro.uow.edu.au/lhapapers Part of the Arts and Humanities Commons, and the Law Commons Recommended Citation Leiboff, Marett, ""Stir Up the Australian Youth to Merriment": A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) and the Theatrical Transmutability of Law's Texts" (2018). Faculty of Law, Humanities and the Arts - Papers. 3690. https://ro.uow.edu.au/lhapapers/3690 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] "Stir Up the Australian Youth to Merriment": A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) and the Theatrical Transmutability of Law's Texts Disciplines Arts and Humanities | Law Publication Details M. Leiboff, '"Stir Up the Australian Youth to Merriment": A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) and the Theatrical Transmutability of Law's Texts' in D. Carpi & F. Ost(eds), As You Law It - Negotiating Shakespeare (2018) 247-268. This book chapter is available at Research Online: https://ro.uow.edu.au/lhapapers/3690 Marett Leiboff “Stir Up the Australian Youth to Merriment”: AMidsummer Night’sDream, Summer 1989–1990 (Sydney,Australia) and the TheatricalTransmutability of Law’s Texts 1Transmutinglaw and the theatrical As YouLaw It. Apun that plays on and invokes atitle that is so well known it almostgoes without saying: As YouLike It.¹ There are jokes aplenty in the cata- chresis and pun – law and like – can lawbeliked, what is lawlike, what is like law? Thisplayofwords takes us to the playoflaw,and plays on law. This playof words transmutes – from one thing into another,aconversion into something different,analteration, atransformation.² Transmutation also conceivesofthe concept of exchange,³ in an obsolete or archaic meaningofthe word. It is also alchemical, literallyand figuratively. The OEDtells us that trasmutabilità or “transmutability” first surfaced in English in 1611,⁴ in J. Florio’s Queen Anna’s New WorldofWords,⁵ just afew years after As YouLike It, and AMidsummer Night’sDream,⁶ werefirst reputed to have been staged.⁷ The advent of this active, adverbial form of the wordcarries with it an imposition of liveness, and liveli- ness. Foralthough each playwas thoughttohavebeen written duringthe last decade of the sixteenth century (Elizabethan and Jacobean performance meth- William Shakespeare, As YouLikeIt: Updated Edition,ed. Michael Hattaway(Cambridge: Cambridge University Press,2009): further references in the text. “transmutation, n.”“b. Law. Transfer:usuallytransmutation of possession, transfer or change of ownership.” OED Online (OxfordUniversity Press, March 2017). OED, “transmutation”: TheMerchant of Venice “exchange” denoted transmutation. “transmutability,n.”OED Online (OxfordUniversity Press, March2017). This source derivesfromanEnglish/Italian Dictionary,dedicated to the wife of James I, Anne of Denmark,byJohn or Giovanni Florio, also touted as apossible Shakespeare. John Florio, available at: https://en.wikipedia.org/wiki/John_Florio (last access March 20,2017). William Shakespeare, AMidsummerNight’sDream, ed. Burton Raffel (New Haven: Yale Uni- versity Press, 2005): further references in the text,abbreviated as Dream. As YouLikeIt,in1603,the year Elizabeth Idied; AMidsummerNight’sDream in the second year of James’ reign, in 1605. https://doi.org/10.1515/9783110591514-014 Brought to you by | University of Wollongong Library Authenticated Download Date | 10/24/18 5:08 AM 248 Marett Leiboff ods aside),⁸ it is onlyatapoint of exchange, when words on the pageare trans- formedthrough the liveness of the theatrical encounter,that their transmutation is made trulymanifest,inthe sameway that law, too, is onlymade manifest, through the act of reading, interpreting and living law. To begin thinkingabout how this exchangeoftransmutation, through the playoflaw,ismade manifest,Iwill staywith As YouLike It,for it is through one of the most famous of Shakespearean lines that we can find an exemplary instance of transmutation as exchange at play. After an encounter with the out- lawlords in the forest,the hapless Duke Senior remarks: Thou seest we arenot all alone unhappy: This wide and universal theatre Presents morewoeful pageants than the scene Wherein we playin. (As YouLikeIt,2.7.142 – 145) to which Jaques most famouslyresponds: “All the world’sastage Andall the men and women merelyplayers” (AsYou Like It,2.7.145 – 146). Puns aplenty per- meate Duke Senior’squip, an hilarious jape as sight gagfor an audience who heard these words within the walls of TheGlobe theatre, that “wide and univer- sal theatre,” as identifiedthrough name and motto.⁹ And of course, the puns ran deeper and longer,into the thick allusion of the theatrummundi, the remnant classicaland medieval concept of the Divine as author,director and spectator of the livesofhumans on an earthlystage.¹⁰ Acommonplacedivorced from its religious connotations by the sixteenth century,and so tooareference to athe- atre building and aliterary trope,¹¹ the world as stage, and stageasworld, takes on anew significance for the earlymodern self, seeking to understand their place in the word.¹² Thus, as Quiring observes, Jaques’ remark functions at a “purelyimmanent level of existence, without anyreference to transcendent au- Farah Karim Cooper and Tiffany Stern eds., Shakespeare’sTheatres and the Effects of Perform- ance (Bloomsbury:The ArdenShakespeare, 2013); David Bevington, This Wide and Universal Theater:ShakespeareinPerformance, Then and Now (Chicago:University of Chicago Press, 2007). TheGlobe’smottowas Totus mundus agit histrionem. Lynda Gregorian Christian, Theatrum Mundi: TheHistory of an Idea (New York: Garland, 1987), 7, 89,cited in Björn Quiring, “Introduction” to “If Then the WorldaTheatrePresent …”: Revisions of the Theatrum Mundi Metaphor in Early Modern England, ed. Björn Quiring(Berlin: de Gruyter, 2014), 1–23,4,5. Quiring, “Introduction,” 5. Quiring, “Introduction,” 5. Brought to you by | University of Wollongong Library Authenticated Download Date | 10/24/18 5:08 AM AMidsummer Night’sDream and the Theatrical Transmutability of Law’sTexts 249 thorities,”¹³ and one that is deeplymired in the problems of existence in achang- ing world. We lose this reading, however,when Jaques’ response to Duke Senior is cut loose from its surroundingtext.Thisuntethering of the call from the response reads as lofty sentiment,rather than amordant moan about the progress of being through the seven ages Jaques identifies. But cut adrift,avery particular complaint of and about lawand lawyers, judge and judging,loses its sting en- tirely: And then the justice, In fair roundbellywith good capon lined, With eyes severe and beardofformal cut, Full of wise saws and modern instances; And so he plays his part.(As YouLikeIt,2.7.160 –164) Of course, this is aliteral and figurativejudge (the middle-aged as prosperous and reproving), but read with Duke Senior’sopening gambit,presents amore synchronous sawofits own.¹⁴ This is afar from flatteringportrait of lawand the judge,which echoes the farfrom flatteringliteral and figurative device of the- atre to demonstrate the impediments that would intrude upon clear reason and analysis by alegal figure – the lawyer philosopher Francis Bacon.¹⁵ 1603 is avery particularyear in this respect.Itismore than asmall coincidencethat Bacon was knighted by James Iin1603,the same year that the first stagingofAs You Like It can be traced,¹⁶ and it was the sameyear that Bacon’sunpublished Valer- ius Terminus: Of the Interpretation of Nature first circulated, originallytoaclosed circle, though it quicklybecame known more widely.¹⁷ Quiring, “Introduction,” 6. RichardJ.Ross, “The Memorial Culture of EarlyModern English Lawyers: Memory as Key- word, Shelter,and Identity,1560 –1640,” Yale Journal of Law &the Humanities 10:2 (1998): 229–326. 1561–1626; Contra the postulation of the Baconian cipher,the hypothesis that Francis Bacon wrote the works of Shakespeare. As YouLikeItwas one of the few plays included in the FirstFolio of 1623 that had not been alreadybeen published in some other form. The text was possiblywritten between 1598–1600: Hattaway, in As YouLikeIt: Updated: 49–53.Textual changescould comeatany of seven stages up until publication: Hattaway, in As YouLikeIt: Updated,215,216. Thereare clues that the manuscript was finished in1603:RichardSerjeantson, “Communica- tion: The PhilosophyofFrancis BaconinEarlyJacobean Oxford, With an Edition of an Unknown Manuscript of the Valerius Terminus,” TheHistorical Journal 56 (2013): 1087–1106,1090 –1092. Brought to you by | University of Wollongong Library Authenticated Download Date | 10/24/18 5:08 AM 250 Marett Leiboff Valerius Terminus inaugurates some of the ideas that Bacon would later de- velop, albeit in amended form, but for now he specificallyidentifiedhis concern about “the internal and profound errors and superstitions in the nature of the mind,” created through four “idols or fictions which offer themselvestothe un- derstandinginthe inquisition of knowledge”:¹⁸ Of the inherent and profound errors
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