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Shortlisted for the 2015 Katharine Briggs Award This is a study of law, wrongdoing and justice as conceived in the minds of the ordinary people of England and Wales from the later eighteenth century to the First World War. Official justice was to become increasingly centralised with declining traditional courts, emerging professional policing and a new prison estate. However, popular concepts of what was, or should be, contained within the law were often at variance with its formal written content. Communities continued to hold mock courts, stage shaming processions and burn effigies of wrongdoers. The author investigates those justice rituals, the actors, the victims and the offences that occasioned them. He also considers the role such practices played in resistive communities trying to preserve their identity and assert their independence. Finally, whilst documenting the decline of popular justice traditions this book demonstrates that they were nevertheless important in bequeathing a powerful set of symbols and practices to the nascent labour movement. This book will be of interest to scholars and students of legal history and criminal justice as well as social and cultural history in what could be considered a very long nineteenth century. Stephen Banks is an associate professor in criminal law, criminal justice and legal history at the University of Reading, co-director of the Forum for Legal and Historical Research and author of A Polite Exchange of Bullets: The Duel and the English Gentleman, 1750-1850 (The Boydell Press, 2010).
Based on extensive research in several international contexts, this volume provides a nuanced assessment of the historical evolution of private security and its fluid, contested and mutually constitutive relationship with state agencies, public policing and the criminal justice system. This book provides an overview of the history of private security provision in its multiple forms including detective agencies, insurance companies, moral campaigners, employers’ associations, paramilitary organizations, self-protection and vigilantism. It also explores the historical evolution of private policing and security provision in a diverse set of temporal, national and international contexts and compares the interactions between public and private security bodies, structures, strategies and practices in different countries, cultures and settings. In doing so, the volume fills the existing gaps in historical knowledge about the emergence of private and public security organizations and provides a more robust understanding of changes in the division of responsibility for security provision, law enforcement and punishment between public and private institutions. This wide-ranging volume will be of great interest to scholars and students of history, criminology, sociology, political science, international relations, security studies, surveillance studies, policing, criminal justice and law.
The history of modern crime control is usually presented as a narrative of how the state wrested control over the governance of crime from the civilian public. Most accounts trace the decline of a participatory, discretionary culture of crime control in the early modern era, and its replacement by a centralized, bureaucratic system of responding to offending. The formation of the 'new' professional police forces in the nineteenth century is central to this narrative: henceforth, it is claimed, the priorities of criminal justice were to be set by the state, as ordinary people lost what authority they had once exercised over dealing with offenders. This book challenges this established view, and presents a fundamental reinterpretation of changes to crime control in the age of the new police. It breaks new ground by providing a highly detailed, empirical analysis of everyday crime control in Victorian provincial cities - revealing the tremendous activity which ordinary people displayed in responding to crime - alongside a rich survey of police organization and policing in practice. With unique conceptual clarity, it seeks to reorient modern criminal justice history away from its established preoccupation with state systems of policing and punishment, and move towards a more nuanced analysis of the governance of crime. More widely, the book provides a unique and valuable vantage point from which to rethink the role of civil society and the state in modern governance, the nature of agency and authority in Victorian England, and the historical antecedents of pluralized modes of crime control which characterize contemporary society.
The Glorious Revolution of 1688–9 transformed the role of parliament in Britain and its empire. Large numbers of statutes resulted, with most concerning economic activity. Julian Hoppit here provides the first comprehensive account of these acts, revealing how government affected economic life in this critical period prior to the Industrial Revolution, and how economic interests across Britain used legislative authority for their own benefit. Through a series of case studies, he shows how ideas, interests, and information influenced statutory action in practice. Existing frameworks such as 'mercantilism' and the 'fiscal-military state' fail to capture the full richness and structural limitations of how political power influenced Britain's precocious economic development in the period. Instead, finely grained statutory action was the norm, guided more by present needs than any grand plan, with regulatory ambitions constrained by administrative limitations, and some parts of Britain benefiting much more than others.
Victims and Criminal Justice is the first study of its kind to examine both the origins and impacts of key legal, procedural, and institutional changes introduced in England and Wales to encourage and govern prosecution. It sets out how crime victims' experiences of, and engagement with, the process of criminal justice changed dramatically between the late seventeenth and late twentieth centuries. Where victims once drove the English criminal justice system, bringing prosecutions as complainants and prosecutors, giving evidence as witnesses, putting up personal rewards for the recovery of lost goods or claim rewards for securing convictions, by the end of this period, victims had been firmly displaced as the state took virtually full responsibility for the process of prosecution. Combining qualitative analysis of a range of textual sources with quantitative analysis of large datasets featuring over 200,000 criminal prosecutions, the authors explore how victims were defined in law, what the law allowed and encouraged them to do, who they were in social and economic terms, how they participated in the criminal justice system, why many were unwilling or unable to engage in that system, and why some campaigned for specific rights. In exploring the shift in victim participation in criminal trials, Victims and Criminal Justice places current policy debates in a much-needed critical historical context.
This book examines how major but often under-scrutinised legal, social, and technological developments have affected the transparency and accountability of the criminal justice process. Drawing on empirical and evaluative studies, as well as their own research experiences, the authors explore key legal policy issues such as equality of access, remote and virtual courts, justice system data management, and the roles of public and media observers. Highlighting the implications of recent changes for access to justice, offender rehabilitation, and public access to information, the book proposes a framework for open justice which prioritises public legal education and justice system accountability.
Succinct, accessible, and comprehensive, this book is the first to provide definitions and explanations of key terms and concepts from the expanding field of crime, harm, and victimization. Contributions from a wide range of experts investigate theories, ideas, and case studies relating to victims of conventional crime and victims outside the remit of criminal law. The book explores both the domestic and international nature, extent, and measurement of crime and harm as well as responses to victims and victimization in connection with conventional, corporate, and state crimes and harms. As part of Policy's Companions series, entries are presented in a user-friendly, quick-reference A‒Z format that clearly notes related sections and provides suggestions for further reading.
The criminal class was seen as a violent, immoral and dissolute sub-section of Victorian London's population. Making their living through crime and openly hostile to society, the lives of these criminals were characterised by drunkenness, theft and brutality. This book explores whether this criminal class did indeed truly exist, and the effectivenessof measures brought against it. Tracing the notion of the criminal class from as early as the 16th century, this book questions whether this sub-section of society did indeed exist. Bach discusses how unease of London's notorious rookeries, the frenzy of media attention and a [word deleted here] panic among the general public enforced and encouraged the fear of the 'criminal class' and perpetuated state efforts of social control. Using the Habitual Criminals Bills, this book explores how and why this legislation was introduced to deal with repeat offenders, and assesses how successful its repressive measures were. Demonstrating how the Metropolitan Police Force and London's Magistrates were not always willing tools of the British state, this book uses court records and private correspondence to reveal how inconsistent and unsuccessful many of these measures and punishments were, and calls into question the notion that the state gained control over recidivists in this period.
This broad-based collection of essays is an introduction both to the concerns of contemporary folklore scholarship and to the variety of forms that folk performance has taken throughout English history. Combining case studies of specific folk practices with discussion of the various different lenses through which they have been viewed since becoming the subject of concerted study in Victorian times, this book builds on the latest work in an ever-growing body of contemporary folklore scholarship. Many of the contributing scholars are also practicing performers and bring experience and understanding of performance to their analyses and critiques. Chapters range across the spectrum of folk song, music, drama and dance, but maintain a focus on the key defining characteristics of folk performance – custom and tradition – in a full range of performances, from carol singing and sword dancing to playground rhymes and mummers' plays. As well as being an essential reference for folklorists and scholars of traditional performance and local history, this is a valuable resource for readers in all disciplines of dance, drama, song and music whose work coincides with English folk traditions.
Who decides what is right or wrong, ethical or immoral, just or unjust? In the world of crime and spy fiction between 1880 and 1920, the boundaries of the law were blurred and justice called into question humanity's moral code. As fictional detectives mutated into spies near the turn of the century, the waning influence of morality on decision-making signaled a shift in behavior from idealistic principles towards a pragmatic outlook taken in the national interest. Taking a fresh approach to Sir Arthur Conan Doyle's popular protagonist, Sherlock Holmes, this book examines how Holmes and his rival maverick literary detectives and spies manipulated the law to deliver a fairer form of justice than that ordained by parliament. Multidisciplinary, this work views detective fiction through the lenses of law, moral philosophy, and history, and incorporates issues of gender, equality, and race. By studying popular publications of the time, it provides a glimpse into public attitudes towards crime and morality and how those shifting opinions helped reconstruct the hero in a new image.