Download or read book Identity Crime and Legal Responsibility in Eighteenth Century England written by D. Rabin and published by Springer. This book was released on 2004-10-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the eighteenth century English defendants, victims, witnesses, judges, and jurors spoke a language of the mind. With their reputations or lives at stake, men and women presented their complex emotions and passions as grounds for acquittal or mitigation of punishment. Inside the courtroom the language of excuse reshaped crimes and punishments, signalling a shift in the age-old negotiation of mitigation. Outside the courtroom the language of the mind reflected society's preoccupation with questions of sensibility, responsibility, and the self.
Download or read book Criminal Justice During the Long Eighteenth Century written by David Lemmings and published by Routledge. This book was released on 2018-10-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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".
Download or read book Women Work and Clothes in the Eighteenth Century Novel written by Chloe Wigston Smith and published by Cambridge University Press. This book was released on 2013-06-13 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the novel's vibrant engagement with clothes, examining how fiction revises and reshapes material objects within its pages.
Download or read book Law and Society in England 1750 1950 written by William Cornish and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
Download or read book Cultural Histories of Law Media and Emotion written by Katie Barclay and published by Taylor & Francis. This book was released on 2022-07-21 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Histories of Law, Media and Emotion: Public Justice explores how the legal history of long-eighteenth-century Britain has been transformed by the cultural turn, and especially the associated history of emotion. Seeking to reflect on the state of the field, 13 essays by leading and emerging scholars bring cutting-edge research to bear on the intersections between law, print culture and emotion in Britain across the eighteenth and nineteenth centuries. Divided into three sections, this collection explores the ‘public’ as a site of legal sensibility; it demonstrates how the rhetoric of emotion constructed the law in legal practice and in society and culture; and it highlights how approaches from cultural and emotions history have recentred the individual, the biography and the group to explain long-running legal-historical problems. Across this volume, authors evidence how engagements between cultural and legal history have revitalised our understanding of law’s role in eighteenth-century culture and society, not least deepening our understanding of justice as produced with and through the public. This volume is the ideal resource for upper-level undergraduates, postgraduates and scholars interested in the history of emotions as well as the legal history of Britain from the late seventeenth to the nineteenth century.
Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Download or read book Manifest Madness written by Arlie Loughnan and published by Oxford University Press, USA. This book was released on 2012-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Download or read book Turned to Account written by Lincoln B. Faller and published by Cambridge University Press. This book was released on 1987-09-25 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turned to Account is a study that focuses on the popular genre of criminal biography, examining how it played upon and reflected English society's fears and interest in aberrant behaviour. Faller examines ways in which ordinary Englishmen read, wrote and presumably thought on the subject of criminal actions and character.
Download or read book Whores and Highwaymen written by Gregory J. Dunston and published by Waterside Press. This book was released on 2012 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: A huge work of reference. A fresh perspective on a crucial time for courts, policing and punishment. Shows how individuals, concerned parties and vested interests drove many of the era's developments. A colourful account, which captures the essence of the period. Running to nearly 700 pages, this comprehensive work on the development of summary jurisdiction, early policing and the emergence of London's embryonic modern criminal justice system looks at every aspect of these topics from numerous perspectives and across the eighteenth century. The 'whores' and 'highwaymen' of Gregory Durston's title are just some of the dubious characters met within this absorbing work, including thief-takers, trading justices, an upstart legal profession whose lower orders developed various ways to line their own pockets and magistrates and clerks who often preferred dealing with those cases which attracted fees. The book shows how little was planned by government or the authorities, and how much sprang up due to the efforts of individuals-so that the origins of social control, particularly at a local level, had much to do with personal ideas of morality, class boundaries and perceived threats, serious and otherwise. Based on news reports, Old Bailey and local archives, and other solid records the book weaves a compelling picture of a critical time in English history, through the voices of contemporary observers as well as the best of writings by experts ever since. At its broadest point, the book spans the period from the Glorious Revolution to the early 1820s. It falls into three parts: Crime and the Metropolis-including Metropolitan crime, attitudes to crime and policing, explanations for crime, and criminal law and procedure. Policing-including policing the metropolis, constables, the watch, beadles, the role of the military, and the detection of crime. Justice-including the magistracy and its work, ways of prosecution, trial in the lower and higher courts, and the penal regimes of the day. Whores and Highwaymen concentrates on the Metropolis but also compares other parts of England and Wales. Author Gregory Durston MA, DipL, LLM, PhD, of the Middle Temple and Lincoln's Inn, Barrister, studied history for his first degree before turning to the law. He is currently Reader in Law at Kingston University.
Download or read book Yale Law Journal Volume 124 Number 8 June 2015 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2015-06-26 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contents of the June 2015 issue (Volume 124, Number 8) of the Yale Law Journal are: Article, "The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement," Anthony J. Casey Note, "A Reassessment of Common Law Protections for 'Idiots,'" Michael Clemente Feature: Arbitration, Transparency, and Privatization: "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights," Judith Resnik "Arbitration and Americanization: The Paternalism of Progressive Procedural Reform," Amalia D. Kessler "Arbitration’s Counter-Narrative: The Religious Arbitration Paradigm," Michael A. Helfand "Disappearing Claims and the Erosion of Substantive Law," J. Maria Glover Feature, "Constitutional Law in an Age of Proportionality," Vicki C. Jackson Quality digital formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This ebook is the last issue of the academic year 2014-2015, Number 8 of Volume 124. It includes a cumulative Index for the volume.
Download or read book Self Others and the State written by Arlie Loughnan and published by Cambridge University Press. This book was released on 2019-12-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.
Download or read book Wicked Ladies written by Gregory J. Durston and published by Cambridge Scholars Publishing. This book was released on 2014-08-11 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, much has been published on women, crime and justice in English history. However, for a variety of reasons, particularly the ready availability of source material for the capital, such research has tended to have an overwhelmingly Metropolitan focus. This book aims to redress the balance for the ‘long’ eighteenth century by concentrating on women from outside the London area. Although vitally important to the wider country, the Metropolis always contained a small minority of the country’s female offenders and defendants, albeit a significantly higher percentage of the latter than its share of the national population. The capital also had a rather different criminal justice and policing system to that found in the rest of the country at this time. The book focuses on women’s experiences in provincial England as both the perpetrators of various crimes and as suspects or defendants in the country’s criminal justice system. The areas considered range from the West Country to the Scottish Border, and the offences examined include all of the major crimes, such as murder and theft, as well as some more arcane forms of deviance, including arson and coining. The factors that prompted women to offend, their likelihood of exposure when they did so, and their treatment before the courts and in the penal system are all considered in detail. In particular, the book examines the gendered differences found in female crime when compared to that of their male counterparts, and how women’s experiences of the era’s justice system differed from those of men. It also compares provincial women to those found in the Metropolis in these respects. Extensive use is made of primary sources in portraying the lives of female criminals from Kent to Cumberland, while comparison is also made with women from other parts of the British Isles and beyond, so that the respective roles of structural determinants and national ‘culture’ in crime and justice can be considered.
Download or read book A Cultural History of Law in the Age of Enlightenment written by Rebecca Probert and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Armed with Sword and Scales written by Sascha Auerbach and published by Cambridge University Press. This book was released on 2021-02-04 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-eighteenth century, author and magistrate Henry Fielding adjudicated cases of theft, assault, and public disorder from his London home on Bow Street. By the middle of the nineteenth century, Fielding's modest 'police office' had expanded to become the most prolific court system in Britain and the cornerstone of criminal and civil justice in the metropolis. Sascha Auerbach examines the fascinating history of this institution through the lens of 'courtroom culture' – the combination of formal statute and informal custom that guided everyday practice in the London Police Courts. He offers a new model for understanding the relationship between law, culture, and society in modern Britain and illuminates how the local courtroom became a crucial part of everyday life and thoroughly entangled with popular representations of justice and morality.
Download or read book Trials of the self written by Elwin Hofman and published by Manchester University Press. This book was released on 2021-04-27 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original study brings together the disparate histories of murder and enlightenment, prostitution and the cult of nature, sodomy and sentimentalism in order to retell the story of the making of the modern self. It suggests that the history of the self needs to attend more to its class dimensions, and puts this insight into practice by examining the influence of the criminal courts in spreading and negotiating changing ideas of the self. Using criminal interrogations and witness statements, Trials of the self shows that an increasing stress on psychological depth in the late-eighteenth and early nineteenth centuries was not only important for elites, but also for common and illiterate people – sometimes even more so.
Download or read book Troubled by Faith written by Owen Davies and published by Oxford University Press. This book was released on 2023-08-29 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nineteenth century was a time of extraordinary scientific innovation, but with the rise of psychiatry, faiths and popular beliefs were often seen as signs of a diseased mind. By exploring the beliefs of asylum patients, we see the nineteenth century in a new light, with science, faith, and the supernatural deeply entangled in a fast-changing world. The birth of psychiatry in the early nineteenth-century fundamentally changed how madness was categorised and understood. A century on, their conceptions of mental illness continue to influence our views today. Beliefs and behaviour were divided up into the pathological and the healthy. The influence of religion and the supernatural became significant measures of insanity in individuals, countries, and cultures. Psychiatrists not only thought they could transform society in the industrial age but also explain the many strange beliefs expressed in the distant past. Troubled by Faith explores these ideas about the supernatural across society through the prism of medical history. It is a story of how people continued to make sense of the world in supernatural terms, and how belief came to be a medical issue. This cannot be done without exploring the lives of those who found themselves in asylums because of their belief in ghosts, witches, angels, devils, and fairies, or because they though themselves in divine communication, or were haunted by modern technology. The beliefs expressed by asylum patients were not just an expression of their individual mental health, but also provide a unique reflection of society at the time - a world still steeped in the ideas and imagery of folklore and faith in a fast-changing world.
Download or read book Debauched Desperate Deranged written by Carolyn A. Conley and published by Oxford University Press. This book was released on 2020-10-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary studies have concluded that women are far less likely to kill than men and that when women do kill, they do so within the family. Debauched, Desperate, Deranged: Women Who Killed, London 1674-1913 examines the evolution of this pattern in the over 1400 trials in which women were prosecuted for homicide in London from the late seventeenth century until just before the First World War. Which deaths were considered homicides and in what circumstances women were culpable illustrates profound changes in the prevailing assumptions about women. The outcomes of trials and the portrayals of these women in the press illuminate changes in perceptions of women's status and their physical and mental limitations. Debauched, Desperate, Deranged breaks new ground in existing studies of gender and homicide, using a long time frame to discern which trends are brief anomalies and which represent significant change or continuity. Debauched, Desperate, Deranged is the first empirical, quantitatively as well as qualitatively based study of women and homicide from the seventeenth century to the twentieth. It presents new and significant conclusions on changing incidence of maternal homicides and the remarkable constancy of spousal homicides.