(44) On the ambiguous approach to tanistry
in Macbeth, see Susanne Wofford, "Origin Stories of Fear and Tyranny: Blood and Dismemberment in Macbeth (with a Glance at the Oresteia)," in part 1 of this special issue of Comparative Drama (51.4 Winter 2017).
rescind 1608 (the evil "Tanistry
" decision that resulted in
Poco despues nego la importancia de la parentela y lo dejo bien evidente cuando acabo violentamente con la suya, con lo que evito cualquier problema sucesorio futuro derivado de las leyes del tanistry
. Por eso, a su muerte, el regnum quedo repartido entre los hijos legitimos habidos con Clotilde; pero, no obstante, incluyo tambien en la sucesion a Teodorico (Thierry) que habia nacido de un matrimonio anterior.
"'Since Time Immemorial': A Story of Common Law Jurisdiction, Native Title, and the Case of Tanistry
." Melbourne University Law Review 26 (2002).
In the Irish mode of tanistry
, where chieftains are born and made, and fantasy often turns to reality, there is still the dream of a Kennedy succession--of a man or woman the likes of Kathleen Kennedy Townsend or her brother Joe Kennedy or Patrick Kennedy or another of the kin stepping up to size up Excalibur and challenge the nation to keep the faith, to resurrect the vision of yet another Golden Age.
(46) The interpretation here, therefore, derives as much from Davies' argument in the Case of Tanistry
as from the Introduction to his Irish Reports--the text that was foundational to Pocock's original interpretation of the "Common Law Mind." (47) Indeed, Davies' political thinking is significant in that it represents an intriguing synthesis of Bodinian statism with the language of the ancient constitution.
Kittredge apparently bases his understanding of the process for transferring the Scottish crown operative in Shakespeare's play upon the Scottish code of tanistry
that some commentators have claimed is relevant to the interpretation of Macbeth.
Renwick's edition of A View of the Present State of Ireland that Moryson had knowledge of a manuscript copy of Spenser's View when he wrote his observations on Ireland.(4) To illustrate my argument I focus on the following issues: the law in Ireland, tanistry
, and Irish degeneracy.
(77) Macbeth's case is more complicated, as recent criticism has acknowledged: see McGrail, Tyranny in Shakespeare, 28-31, and in this special issue of Comparative Drama (51.4 Winter 2017), Susanne Wofford's pages on the institution of tanistry
: "Origin Stories of Fear and Tyranny: Blood and Dismemberment in Macbeth (with a Glance at the Oresteia).''
Brennan J's judgment in Mabo refers to the Case of Tanistry
, (88) one of the first cases to consider the relationship between customary law and the common law in a colonial context.
inheritance system known as tanistry
, represented by the play in the
Part III considers in some detail the Case of Tanistry
. (4) This case forms a linchpin in the story of common law jurisdiction, as it constitutes the link between the early exercises of jurisdiction by the common law in a domestic setting, and the eventual recognition of native title.