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Unreliable Sources for Law: Dying Declarations in Shakespeare’s King John, Othello & King Lear
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Andrew J. Majeske
Published/Copyright:
April 10, 2015
Abstract
This essay discusses the right of confrontation generally by contrasting its fundamental import to Anglo-American legal systems with its more recent rise in significance in Continental European ones, before focusing narrowly upon a particular exception to the right of confrontation called the dying declaration. This essay analyzes a highly unusual intersection of literature and law in which a renowned legal scholar errs in relying upon a passage in imaginative literature as the primary support for his argument for how the dying declaration exception to the hearsay rule should be interpreted and applied.
Keywords: hearsay; dying declaration; Shakespeare; John Henry Wigmore; King John; Othello; King Lear; Desdemona; Lord Melun; Edmund
Published Online: 2015-4-10
Published in Print: 2015-4-30
©2015 by De Gruyter
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Articles in the same Issue
- Frontmatter
- Focus
- Focus: Shakespeare and the Law
- Weak Kings and Perverted Symbolism. How Shakespeare Treats the Doctrine of the King’s Two Bodies
- Free Will and Folly in As You Like It
- Romeo and Juliet: The Importance of a Name
- Unreliable Sources for Law: Dying Declarations in Shakespeare’s King John, Othello & King Lear
- Disruptions and Negotiations of Identity in Act 1 of Shakespeare’s Othello
- Research
- Illegal Search and Seizure, Due Process, and the Rights of the Accused: The Voices of Power in the Rhetoric of Los Angeles Police Chief William H. Parker
- The Judge’s Voice: Literary and Legal Emblemata
- Power and the Trial: The Tension Between Voices and Silence
- Voice, Authority and the Law in Peter Carey’s True History of the Kelly Gang
- Silence, Power and Suicide in Michael Cunningham’s The Hours
- Celsus and Chatwin go Walkabout
- Representing the Unrepresentable: Making Law Anyway?
- Book Reviews
- Gary Watt: Dress, Law and Naked Truth. A Cultural Study of Fashion and Form
- José Calvo González: Direito curvo
Keywords for this article
hearsay;
dying declaration;
Shakespeare;
John Henry Wigmore;
King John;
Othello;
King Lear;
Desdemona;
Lord Melun;
Edmund
Articles in the same Issue
- Frontmatter
- Focus
- Focus: Shakespeare and the Law
- Weak Kings and Perverted Symbolism. How Shakespeare Treats the Doctrine of the King’s Two Bodies
- Free Will and Folly in As You Like It
- Romeo and Juliet: The Importance of a Name
- Unreliable Sources for Law: Dying Declarations in Shakespeare’s King John, Othello & King Lear
- Disruptions and Negotiations of Identity in Act 1 of Shakespeare’s Othello
- Research
- Illegal Search and Seizure, Due Process, and the Rights of the Accused: The Voices of Power in the Rhetoric of Los Angeles Police Chief William H. Parker
- The Judge’s Voice: Literary and Legal Emblemata
- Power and the Trial: The Tension Between Voices and Silence
- Voice, Authority and the Law in Peter Carey’s True History of the Kelly Gang
- Silence, Power and Suicide in Michael Cunningham’s The Hours
- Celsus and Chatwin go Walkabout
- Representing the Unrepresentable: Making Law Anyway?
- Book Reviews
- Gary Watt: Dress, Law and Naked Truth. A Cultural Study of Fashion and Form
- José Calvo González: Direito curvo
