Law, Rhetoric and Fictionality in ‘the Age of Theatre’

My aim, in this response to Peters’ timely and powerful work, is both to acknowledge its transformative force for legal studies and at the same time to introduce distinctions that may be of value in distinguishing discussions of the ‘theatricality’ of law from the emergence of a modern understanding of ‘theatre’ as the production of coherent and powerful fictions enacted by characters. The early modern period (1500–1650) is described, in chapter 5 of Peters’ study, as ‘the age of theatre’. If Peters shows how judicial proceedings draw on the performative aspects of rhetoric and theatre, my response aims to show how, in the ‘age of theatre’, theatre’s distinctive fictionality drew on the fiction-generating power of probable argument and inferential reasoning, as taught in legal rhetoric.