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Rogues, Thieves and the Rule of Law" is a large-scale study of crime, disorder and law enforcement in northern England in the early modern period. London was not the only city where female criminals were common and gangs were feared, nor was it the sole centre of industrial and political agitation. The north was an area of national significance which supplied the capital with its fuel and whose tendency to industrial insurgence commanded the attention of every 18th-century administration.; Arguing that much of the recent work on early modern crime has focused on London and its surrounding counties, which have wrongly been interpreted as typical of the whole country, this study, in contrast, seeks to place the metropolitan image within the wider context of regional realities. As such, it offers a significant antidote to the picture of excessive brutality associated with London and Tyburn, breaking new ground by encompassing crime in an entire region and at all levels of the judicial system. It uniquely reflects upon gender and crime, the development of transportation, the rise of imprisonment and the convergence of military and civil power, in an attempt to contain an assertive and riotous population in a region remote from central authority.; The north-east had a distinctively violent history before 1700 and retained some of its traditionally wild character in the 18th century. The growing contrasts between urban and rural districts provide a revealing backdrop to the different patterns of crime and official responses. In terms of punishments, the region swiftly followed national trends in transportation, but was pioneering in its early use of imprisonment. This study seeks to change the way we think about crime in early modern England.
First published in 1979, Inequality, Crime, and Public Policy integrates and interprets the vast corpus of existing research on social class, slums, and crime, and presents its own findings on these matters. It explores two major questions. First, do policies designed to redistribute wealth and power within capitalist societies have effects upon crime? Second, do policies created to overcome the residential segregation of social classes have effects on crime? The book provides a brilliantly comprehensive and systematic review of the empirical evidence to support or refute the classic theories of Engles, Bonger, Merton, Cloward and Ohlin, Cohen, Miller, Shaw and McKay, amongst many others. Braithwaite confronts these theories with evidence of the extent and nature of white collar crime, and a consideration of the way law enhancement and law enforcement might serve class interest.
In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society." Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. postamble();
This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.