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This book examines how the law was made, defined, administered, and used in eighteenth-century England. A team of leading international historians explore the ways in which legal concerns and procedures came to permeate society and reflect on eighteenth-century concepts of corruption, oppression, and institutional efficiency. These themes are pursued throughout in a broad range of contributions which include studies of magistrates and courts; the forcible enlistment of soldiers and sailors; the eighteenth-century 'bloody code'; the making of law basic to nineteenth-century social reform; the populace's extension of law's arena to newspapers; theologians' use of assumptions basic to English law; Lord Chief Justice Mansfield's concept of the liberty intrinsic to England; and Blackstone's concept of the framework of English law. The result is an invaluable account of the legal bases of eighteenth-century society which is essential reading for historians at all levels.
This is a collection of essays critically examining the historical development of the modern criminal law.
This book offers an assessment of the social significance of the law in pre-industrial England.
How was law made in England in the eighteenth and early nineteenth centuries? Through detailed studies of what the courts actually did, Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates, judges and others at the local level. His book also focuses on four specific themes - gender, youth, violent crime and the attack on customary rights. In doing so it highlights a variety of important changes - the relatively lenient treatment meted out to women by the late eighteenth century, the early development of the juvenile reformatory in England before 1825, i.e. before similar changes on the continent or in America, and the growing intolerance of the courts towards everyday violence. This study is invaluable reading to anyone interested in British political and legal history.
Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.
Spaces for Feeling explores how English and Scottish people experienced sociabilities and socialities from 1650 to 1850, and investigates their operation through emotional practices and particular spaces. The collection highlights the forms, practices, and memberships of these varied spaces for feeling in this two hundred year period and charts the shifting conceptualisations of emotions that underpinned them. The authors employ historical, literary, and visual history approaches to analyse a series of literary and art works, emerging forms of print media such as pamphlet propaganda, newspapers, and periodicals, and familial and personal sources such as letters, in order to tease out how particular communities were shaped and cohered through distinct emotional practices in specific spaces of feeling. This collection studies the function of emotions in group formations in Britain during a period that has attracted widespread scholarly interest in the creation and meaning of sociabilities in particular. From clubs and societies to families and households, essays here examine how emotional practices could sustain particular associations, create new social communities and disrupt the capacity of a specific cohort to operate successfully. This timely collection will be essential reading for students and scholars of the history of emotions.
Crime in England 1688-1815 covers the ‘long’ eighteenth century, a period which saw huge and far-reaching changes in criminal justice history. These changes included the introduction of transportation overseas as an alternative to the death penalty, the growth of the magistracy, the birth of professional policing, increasingly harsh sentencing of those who offended against property-owners and the rapid expansion of the popular press, which fuelled debate and interest in all matters criminal. Utilising both primary and secondary source material, this book discusses a number of topics such as punishment, detection of offenders, gender and the criminal justice system and crime in contemporaneous popular culture and literature. This book is designed for both the criminal justice history/criminology undergraduate and the general reader, with a lively and immediately approachable style. The use of carefully selected case studies is designed to show how the study of criminal justice history can be used to illuminate modern-day criminological debate and discourse. It includes a brief review of past and current literature on the topic of crime in eighteenth-century England and Wales, and also emphasises why knowledge of the history of crime and criminal justice is important to present-day criminologists. Together with its companion volumes, it will provide an invaluable aid to both students of criminal justice history and criminology.
CHOICE Outstanding Academic Title 2017 The first social and cultural history of vagrancy between 1650 and 1750, this book combines sources from across England and the Atlantic world to describe the shifting and desperate experiences of the very poorest and most marginalized of people in early modernity; the outcasts, the wandering destitute, the disabled veteran, the aged labourer, the solitary pregnant woman on the road and those referred to as vagabonds and beggars are all explored in this comprehensive account of the subject. Using a rich array of archival and literary sources, Vagrancy in English Culture and Society, 1650-1750 offers a history not only of the experiences of vagrants themselves, but also of how the settled 'better sort' perceived vagrancy, how it was culturally represented in both popular and elite literature as a shadowy underworld of dissembling rogues, gypsies, and pedlars, and how these representations powerfully affected the lives of vagrants themselves. Hitchcock's is an important study for all scholars and students interested in the social and cultural history of early modern England.
It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occurred persistently throughout history and perpetuate criminal acts, victimisation and human rights violations on a scale unprecedented with domestic levels of crime. However, there are authoritative voices within criminology who have been studying war from the borders of the discipline. This book contains a selection of criminological authors who have been authoritatively engaged in studying criminology and war. Following an introduction that ‘places war within criminology’ the collection is arranged across three themed sections including: Theorising War, Law and Crime; Linking War and Criminal Justice; and War, Sexual Violence and Visual Trauma. Each chapter takes substantive topics within criminology and victimology (i.e. corporate crime, history, imprisonment, criminal justice, sexual violence, trauma, security and crime control to name but a few) and invites the reader to engage in critical discussions relating to wars both past and present. The chapters within this collection are theoretically rich, empirically diverse and come together to create the first authoritative published collection of original essays specifically dedicated to criminology and war. Students and researchers alike interested in war, critical criminology and victimology will find this an accessible study companion that centres the disparate criminological attention to war into one comprehensive collection.
Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focusing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, the system offered the colonial state and its elites a powerful, though often faulty, means of imposing their will on Quebec society. This study will challenge many received historical interpretations, providing new insight into criminal justice in early Quebec.