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.
This book applies three overlapping bodies of work to generate fresh approaches to the study of criminal justice in England and Ireland between 1660 and 1850. First, crime and justice are interpreted as elements of the "public sphere" of opinion about government. Second, "performativity" and speech act theory are considered in the context of the Anglo-Irish criminal trial, which was transformed over the course of this period from an unmediated exchange between victim and accused to a fully lawyerized performance. Thirdly, the authors apply recent scholarship on the history of emotions, particularly relating to the constitution of "emotional communities" and changes in "emotional regimes".
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.
This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
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?
Crime in England 1688-1815 covers the ‘long’ eighteenth century, a period which saw huge and far-reaching changes in criminal justice history. These changes included the introduction of transportation overseas as an alternative to the death penalty, the growth of the magistracy, the birth of professional policing, increasingly harsh sentencing of those who offended against property-owners and the rapid expansion of the popular press, which fuelled debate and interest in all matters criminal. Utilising both primary and secondary source material, this book discusses a number of topics such as punishment, detection of offenders, gender and the criminal justice system and crime in contemporaneous popular culture and literature. This book is designed for both the criminal justice history/criminology undergraduate and the general reader, with a lively and immediately approachable style. The use of carefully selected case studies is designed to show how the study of criminal justice history can be used to illuminate modern-day criminological debate and discourse. It includes a brief review of past and current literature on the topic of crime in eighteenth-century England and Wales, and also emphasises why knowledge of the history of crime and criminal justice is important to present-day criminologists. Together with its companion volumes, it will provide an invaluable aid to both students of criminal justice history and criminology.
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.
Robert Schwartz examines the French government's attempts to suppress mendicity from the reign of Louis XIV to the Revolution. His study provides a rich account of the evolution of poverty, the varied and shifting attitudes toward the delinquent poor, and the government's efforts to control mendicity by strengthening the state's repressive machinery during the eighteenth century. As Schwartz demonstrates, popular conceptions of the mendicant poor in the ancient regime increasingly focused on the threat that they presented to the rest of society, thereby opening the way for the central state to augment its authority and enhance its credibility by acting as the agent protecting the majority of the populace from its threat to public security. Government efforts to control the activity of the "unworthy poor" -- those of sound mind and body who were seen to prefer idleness over productive work -- were most pronounced during two periods of repressive policing, one in the early eighteenth century and the other in the last two decades before the Revolution. From 1724 to 1733 beggars were interned in hopitaux, existing municipal institutions intended for the care of the "worthy poor," including orphans, the infirm, and the aged. But from 1768 until the outbreak of the Revolution, more stringent measures were taken. Sturdy beggars and vagrants were confined apart from the worthy poor on specially established, royal workhouses called depots de mendicite, and in the case of some repeat offenders, were sentenced to the galleys. This stepped-up level of policing arose not only from royal administrators' long-standing view of mendicity as criminal activity; it was also made possible because the propertied classes had likewise come to believe the mendicant poor were a danger rather than a nuisance. Economic and demographic conditions combined to swell the ranks of paupers and vagrants, especially in the 1760s and 1770s, and social tensions, along with calls for government action, multiplied in proportion to their numbers. As villagers came to call upon the improved royal police for help, a popular mental association of the state with public security began to take root. In arriving at these conclusions, Schwartz concentrates on law enforcement in a single area, Lower Normandy, but continually provides a perspective on local events by putting them in the context of national trends and realities. He tells the story of the poor in eighteenth-century France in sympathetic terms, giving a human face to poverty and to the men who policed its effects. Originally published in 1987. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The historical study of crime has expanded in criminology during the past few decades, forming an active niche area in social history. Indeed, the history of crime is more relevant than ever as scholars seek to address contemporary issues in criminology and criminal justice. Thus, The Oxford Handbook of the History of Crime and Criminal Justice provides a systematic and comprehensive examination of recent developments across both fields. Chapters examine existing research, explain on-going debates and controversies, and point to new areas of interest, covering topics such as criminal law and courts, police and policing, and the rise of criminology as a field. This Handbook also analyzes some of the most pressing criminological issues of our time, including drug trafficking, terrorism, and the intersections of gender, race, and class in the context of crime and punishment. The definitive volume on the history of crime, The Oxford Handbook of the History of Crime and Criminal Justice is an invaluable resource for students and scholars of criminology, criminal justice, and legal history.
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
