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The
Wolf's Testimony to the English: Law and the Witness in the Sermo Lupi
ad Anglos
by ANDREW RABIN
In her 1998 article, "Body
and Law in Late Anglo-Saxon England," Katherine O'Brien O'Keeffe describes
the years between 970 and 1035 as "a crucial moment in the history of
the Anglo-Saxon subject." During this period, she argues, physical punishment
came to be seen as a way of reconstituting the human body as a legal text,
thereby producing a subject "about [whom] things may be known" by juridical
authority. In doing so, the law extended its reach beyond the realm of
governable behavior and "inward to the soul." recent responses to O'Keeffe
have focused principally on her analyses of mutilation and the embodied
subject in order to reassess the relationship between corporeality and
social control in such other areas of Anglo-Saxon culture as poetic composition,
manuscript illumination, and early legislation, just to name a few. In
this article, however, I return to the years just prior to 1035 with the
intention of examining a different facet of legal subjectivity in late
Anglo-Saxon England. In particular, I focus on the writings of Archbishop
Wulfstan of York, whose career roughly corresponds to the latter half
of O'Keeffe's "crucial moment," to enhance our understanding of what might
be called late Anglo-Saxon legal consciousness. While O'Keeffe rightly
notes the archbishop's contribution to discourses of bodily mutilation,
I suggest that Wulfstan deploys old English notions of witnessing and
testimony to frame a new concept of the mind before the law as well.
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