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Crime Justice And Discretion In England 1740 1820

Author: Peter King
Publisher: Oxford University Press on Demand
ISBN: 9780199259076
Size: 60.79 MB
Format: PDF
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The criminal law has often been seen as central to the rule of the eighteenth-century landed elite in England. This book presents a detailed analysis of the judicial processs - of victims' reactions, pretrial practices, policing, magistrates hearings, trials, sentencing, pardoning and punishment - using property offenders as its main focus. The period 1740-1820 - the final era before the coming of the new police and the repeal of the capital code - emerges as the great age of discretionary justice, and the book explores the impact of the vast discretionary powers held by many social groups. It reassesses both the relationship between crime rates and the economic deprivation, and the many ways that vulnerability to prosecution varied widely across the lifecycle, in the light of the highly selective nature of pretrial negotiations. More centrally, by asking at every stage - who used the law, for what purposes, in whose interests and with what social effects - it opens up anumber of new perspectives on the role of the law in eighteenth-century social relations. The law emerges as less the instrument of particular elite groups and more as an arena of struggle, of negotiation, and of compromise. Its rituals were less controllable and its merciful moments less manageable and less exclusively available to the gentry elite than has been previously suggested. Justice was vulnerable to power, but was also mobilised to constrain it. Despite the key functions that thepropertied fulfilled, courtroom crowds, the counter-theatre of the condemned, and the decisions of the victims from a very wide range of backgrounds had a role to play, and the criteria on which decisions were based were shaped as much by the broad and more humane discourse which Fielding called the 'good mind' as by the instrumental needs of the propertied elites.

Crime And Law In England 1750 1840

Author: Peter King
Publisher: Cambridge University Press
ISBN: 9781139459495
Size: 42.42 MB
Format: PDF, ePub, Docs
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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.

Crime And The Courts In England 1660 1800

Author: J. M. Beattie
Publisher: Acls History E-Book Project
ISBN: 9781597404068
Size: 10.30 MB
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"ACLS Humanities E-Book presents this volume as part of its Print-on-Demand (POD) program. This program offers a wide range of titles, across the humanities, that remain essential to research, writing and teaching. These titles are among the works chose for digitization on our site in cooperation with ACLS's constituent learned societies for their continued importance to the scholarly community. Part of the original plan for ACLS Humanities E-Book was to investigate the varieties of publishing formats that could be derived from single sources for both its retrospective collection and its new XML titles. Deriving multiple formats is essential for both publishers and scholars in today's rapidly evolving scholarly communications environment, and creating a production model that takes into account the multiplicity of access possibilities and audiences is an essential task of HEB."--Back cover.

Policing

Author: Philip Rawlings
Publisher: Taylor & Francis
ISBN: 1903240271
Size: 75.53 MB
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This book provides an overview of the history of policing in the UK. Its primary aim is to investigate the shifting nature of policing over time, and to provide a historical foundation to today's debates. Policing: a short history moves away from a focus on the origins of the 'new police', and concentrates rather on broader (but much neglected) patterns of policing. How was there a shift from communal responsibility to policing? What has been expected of the police by the public and vice versa? How have the police come to dominate modern thinking on policing? The book shows how policing - in the sense of crime control and order maintenance - has come to be seen as the work which the police do, even though the bulk of policing is undertaken by people and organisations other than the police. This book will be essential reading for anybody interested in the history of policing, on how differing perceptions emerged on the function of policing on the part of the public, the state and the police, and in today's intense debates on what the police do.

The English And Violence Since 1750

Author: Clive Emsley
Publisher: A&C Black
ISBN: 9781852855024
Size: 38.86 MB
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Hard Men is the leading authority on Britain's historic culture of violence. It is dispassionate in tone, and includes discussion of domestic violence against women and political protest.

The Origins Of Adversary Criminal Trial

Author: John H. Langbein
Publisher: Oxford University Press on Demand
ISBN: 0199258880
Size: 76.14 MB
Format: PDF
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The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.

Crime Courtrooms And The Public Sphere In Britain 1700 1850

Author: Professor David Lemmings
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409473163
Size: 56.66 MB
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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'.

Punishing The Criminal Corpse 1700 1840

Author: Peter King
Publisher: Springer
ISBN: 1137513616
Size: 35.59 MB
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This book is open access under a CC BY 4.0 licence. This book analyses the different types of post-execution punishments and other aggravated execution practices, the reasons why they were advocated, and the decision, enshrined in the Murder Act of 1752, to make two post-execution punishments, dissection and gibbeting, an integral part of sentences for murder. It traces the origins of the Act, and then explores the ways in which Act was actually put into practice. After identifying the dominance of penal dissection throughout the period, it looks at the abandonment of burning at the stake in the 1790s, the rapid decline of hanging in chains just after 1800, and the final abandonment of both dissection and gibbeting in 1832 and 1834. It concludes that the Act, by creating differentiation in levels of penalty, played an important role within the broader capital punishment system well into the nineteenth century. While eighteenth- and early nineteenth-century historians have extensively studied the ‘Bloody Code’ and the resulting interactions around the ‘Hanging Tree’, they have largely ignored an important dimension of the capital punishment system – the courts extensive use of aggravated and post-execution punishments. With this book, Peter King aims to rectify this neglected historical phenomenon.

Law Crime And English Society 1660 1830

Author: Norma Landau
Publisher: Cambridge University Press
ISBN: 9781139433266
Size: 66.73 MB
Format: PDF, Kindle
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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.

Understanding Social Control

Author: Innes, Martin
Publisher: McGraw-Hill Education (UK)
ISBN: 9780335209408
Size: 52.74 MB
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This book investigates how the concept of social control has been used to capture the ways in which individuals, communities and societies respond to a variety of forms of deviant behaviour. In so doing, the book demonstrates how an appreciation of the meanings of the concept of social control is vital to understanding the dynamics and trajectories of social order in contemporary late-modern societies.