This book draws upon three overlapping bodies of work to generate fresh approaches to the study of crime and criminal justice in Britain and Ireland between 1660 and 1850: the conceptual lens of the "public sphere", "performativity" and speech act theory, and the history of the emotions. It opens new perspectives on the theatre of justice.
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?
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.
This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.
These thirteen lectures on the 'punitive society,' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society. Praise for Foucault's Lectures at the Collège de France Series “Ideas spark off nearly every page...The words may have been spoken in [the 1970s], but they seem as alive and relevant as if they had been written yesterday.”—Bookforum “Foucault is quite central to our sense of where we are...[He] is carrying out, in the noblest way, the promiscuous aim of true culture.”—The Nation “[Foucault] has an alert and sensitive mind that can ignore the familiar surfaces of established intellectual coded and ask new questions...[He] gives dramatic quality to the movement of culture.”—The New York Review of Books
How did the penitentiary get its name? Why did the English impose long prison sentences? Did class and economic conflict really lie at the heart of their correctional system? In a groundbreaking study that challenges the assumptions of modern criminal justice scholarship, Laurie Throness answers many questions like these by exposing the deep theological roots of the judicial institutions of eighteenth-century Britain. The book offers a scholarly account of the passage of the Penitentiary Act of 1779, combining meticulous attention to detail with a sweeping theological overview of the century prior to the Act. But it is not just an intellectual history. It tells a fascinating story of a broader religious movement, and the people and beliefs that motivated them to create a new institution. The work is original because it relies so completely on original sources. It is mystical because it mingles heavenly with earthly justice. It is authoritative because of its explanatory power. Its anecdotes and insights, poetry and song, provide intriguing glimpses into another era strangely familiar to our own. Of special interest to social and legal historians, criminologists, and theologians, this work will also appeal to a wider audience of those who are interested in Christianity's impact on Western culture and institutions.
