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An Empire on Trial is the first book to explore the issue of interracial homicide in the British Empire during its height – examining these incidents and the prosecution of such cases in each of seven colonies scattered throughout the world. It uncovers and analyzes the tensions of empire that underlay British rule and delves into how the problem of maintaining a liberal empire manifested itself in the late nineteenth and early twentieth centuries. The work demonstrates the importance of the processes of criminal justice to the history of the empire and the advantage of a trans-territorial approach to understanding the complexities and nuances of its workings. An Empire on Trial is of interest to those concerned with race, empire, or criminal justice, and to historians of modern Britain or of colonial Australia, India, Kenya, or the Caribbean. Political and post-colonial theorists writing on liberalism and empire, or race and empire, will also find this book invaluable.
British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.
This book is a major contribution to the comparative histories of crime and criminal justice, focusing on the legal regimes of the British empire during the nineteenth and early twentieth centuries. Its overarching theme is the transformation and convergence of criminal justice systems during a period that saw a broad shift from legal pluralism to the hegemony of state law in the European world and beyond.
A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth-century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self-control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?
In 1889, the first Official Secrets Act was passed, creating offences of 'disclosure of information' and 'breach of official trust'. It limited and monitored what the public could, and should, be told. Since then a culture of secrecy has flourished. As successive governments have been selective about what they choose to share with the public, we have been left with a distorted and incomplete understanding not only of the workings of the state but of our nation's culture and its past. In this important book, Ian Cobain offers a fresh appraisal of some of the key moments in British history since the end of WWII, including: the measures taken to conceal the existence of Bletchley Park and its successor, GCHQ, for three decades; the unreported wars fought during the 1960s and 1970s; the hidden links with terrorist cells during the Troubles; the sometimes opaque workings of the criminal justice system; the state's peacetime surveillance techniques; and the convenient loopholes in the Freedom of Information Act. Drawing on previously unseen material and rigorous research, The History Thieves reveals how a complex bureaucratic machine has grown up around the British state, allowing governments to evade accountability and their secrets to be buried.
This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.
Writing the History of Crime investigates the development of historical writing on the subject of crime and its wider place in social and cultural history. It examines long-standing and emerging traditions in history writing, with separate chapters on legal and scientific approaches, as well as on urban, Marxist, gender and empire history. Each chapter then explores these historical approaches in relation to crime, paying particular attention to the relationship between theory and the interpretation of evidence. Rather than a timeline for the historical appearance of ideas about crime or a catalogue of the range of topics that comprise the subject matter, Writing the History of Crime reveals the ideas behind crime as a subject of historical investigation; it looks at how these ideas generate questions that may be asked about the past and the way in which these questions are answered. This is a crucial analysis for anyone interested in the history of crime, the historiography of social history or the art of history writing more broadly.