Christopher Pye, Against Schmitt: Law, Aesthetics, and Absolutism in Shakespeare’s Winter’s Tale, in South Atlantic Quarterly 2009 108(1):197-217.
The essay is purchasable here
From the abstract published on the Publisher’s web-page
Focusing on Shakespeare’s Winter’s Tale, the essay counters Carl Schmitt’s claim that Absolutism represents an ideal conjunction of the monarch’s creative and legislative acts. It argues that early modern theater conveys the problematic character of the relation between law and sovereign act—indeed, that it locates the problem of the political precisely in the aporetic character of that relation. Further, the piece suggests that the aesthetic emerges as a self-conscious and autonomous form, not, as Schmitt would have it, as a depoliticizing feature of liberalism, but specifically in response to the problem of sovereign agency in the early modern era.