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New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER
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.
McLynn provides the first comprehensive view of crime and its consequences in the eighteenth century: why was England notorious for violence? Why did the death penalty prove no deterrent? Was it a crude means of redistributing wealth?
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.
NAMED ONE OF THE BEST BOOKS OF 2018 BY THE SAN FRANCISCO CHRONICLE AND SMITHSONIAN MAGAZINE By a prize-winning young historian, an authoritative work that reframes the Industrial Revolution, the expansion of British empire, and emergence of industrial capitalism by presenting them as inextricable from the gun trade "A fascinating and important glimpse into how violence fueled the industrial revolution, Priya Satia's book stuns with deep scholarship and sparkling prose."--Siddhartha Mukherjee, Pulitzer Prize-winning author of The Emperor of All Maladies We have long understood the Industrial Revolution as a triumphant story of innovation and technology. Empire of Guns, a rich and ambitious new book by award-winning historian Priya Satia, upends this conventional wisdom by placing war and Britain's prosperous gun trade at the heart of the Industrial Revolution and the state's imperial expansion. Satia brings to life this bustling industrial society with the story of a scandal: Samuel Galton of Birmingham, one of Britain's most prominent gunmakers, has been condemned by his fellow Quakers, who argue that his profession violates the society's pacifist principles. In his fervent self-defense, Galton argues that the state's heavy reliance on industry for all of its war needs means that every member of the British industrial economy is implicated in Britain's near-constant state of war. Empire of Guns uses the story of Galton and the gun trade, from Birmingham to the outermost edges of the British empire, to illuminate the nation's emergence as a global superpower, the roots of the state's role in economic development, and the origins of our era's debates about gun control and the "military-industrial complex" -- that thorny partnership of government, the economy, and the military. Through Satia's eyes, we acquire a radically new understanding of this critical historical moment and all that followed from it. Sweeping in its scope and entirely original in its approach, Empire of Guns is a masterful new work of history -- a rigorous historical argument with a human story at its heart.
Shoplifting in Eighteenth-Century England examines the nature and impact on society of this commercial crime at a time of rapid retail expansion during the long eighteenth century. As a new consumer culture took root in England and shops proliferated, the crime of shoplifting leaped to public prominence. In 1699 shoplifting became a hanging offence. Yet whether compelled by need or greed, shoplifters continued to operate in substantial numbers on the shopping streets of London and provincial towns. Regarded initially as exclusively a crime of the poor, the eighteenth century witnessed a transformation in the public perception and understanding of such customer theft, signalled by the shocking arrest of Jane Austen's wealthy aunt for shoplifting in 1799. This book shows, through systematic profiling of those who committed this crime, that shoplifting was primarily a crime of the poor and predominantly an opportunist one. Providing both quantitative analysis and engaging insights into real-life stories, the book describes the variable strategies adopted by shoplifters to raid elite and poorer stores, the practical responses of shopkeepers to this predation and the financial impact on their businesses. It investigates the trade lobbying that led to the passing of the Shoplifting Act, the degree to which retailers co-operated with the judiciary and their engagement with the capital law reform movement of the later eighteenth century. Examining the range of goods stolen, the book also addresses questions of whether or not this form of theft was driven by consumer desire andsuggests that more subtle social and economic motives were at work. SHELLEY TICKELL is a Visiting Research Fellow at the University of Hertfordshire
Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.
Part of The Oxford Illustrated History of Britain, this book spans from the aftermath of the Revolution of 1688 to Pitt the Younger's defeat at attempted parliamentary reform.
Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which--had they prevailed--40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.