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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).
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.
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.
The period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the “long 18th century” (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
The dominant activities of the eighteenth century Wesleyan Methodist Connexion, in terms of expenditure, were the support of itinerant preaching, and the construction and maintenance of preaching houses. These were supported by a range of both regular and occasional flows of funds, primarily from members' contributions, gifts from supporters, various forms of debt finance, and profits from the Book Room. Three other areas of action also had significant financial implications for the movement: education, welfare, and missions. The Financing of John Wesley's Methodism c.1740-1800 describes what these activities cost, and how the money required was raised and managed. Though much of the discussion is informed by financial and other quantitative data, Clive Norris examines a myriad of human struggles, and the conflict experienced by many early Wesleyan Methodists between their desire to spread the Gospel and the limitations of their personal and collective resources. He describes the struggle between what Methodists saw as the promptings of Holy Spirit and their daily confrontation with reality, not least the financial constraints which they faced.
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 crime and punishment is an important, yet under-resourced area of criminology and criminal justice. This valuable book provides concise but robust definitions of key terms and concepts, going well beyond a simple explanation of the word or theme. Offering a succinct approach to the vocabulary and terminology of historical and contemporary approaches to crime and punishment, it includes entries from expert contributors in a user-friendly A-Z format with clear direction to related entries and further reading. Including explanations of terms ranging from 'garrotting' to The Bow Street Runners, baby farming to juvenile delinquency, this easily accessible text will be ideal for the reader to draw on across the variety of modules and studies relating to the topic.
A Restorative Approach to Family Violence looks back at an early and successful demonstration of a family and culturally based model to stop severe family violence. This conferencing model, called family group decision making, was applied by three diverse Canadian communities—Inuit, rural, and urban—to the benefit of child and adult family members. Narrative inquiry identifies how engaging the family and relatives resets the narrative from misrecognition to recognition of their competence and caring. Family violence poses some of the most long-term and controversial questions in restorative justice. Should we use a restorative approach to stop gendered and intergenerational harm? Or will bringing together those who have been harmed, those causing harm, and their supporters only incite more violence? Underlying these questions is a profound distrust of families and their cultural networks. This distrust has stalled turning away from carceral interventions that particularly harm minoritized communities. Moving forward in time, the volume identifies blocks to trusting families and their cultural networks and means of circumventing these blocks. The book offers a theory of feminist kin-making to comprehend the restorative process and gives practical guidance to restorative participants, practitioners, policy makers, and researchers.
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.
International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.