Identity Crime And Legal Responsibility In Eighteenth Century England
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Identity Crime And Legal Responsibility In Eighteenth Century England
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Author : D. Rabin
language : en
Publisher: Springer
Release Date : 2004-10-20
Identity Crime And Legal Responsibility In Eighteenth Century England written by D. Rabin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-10-20 with History categories.
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.
Crime And Punishment In Eighteenth Century England
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Author : Frank McLynn
language : en
Publisher: Routledge
Release Date : 2013-06-17
Crime And Punishment In Eighteenth Century England written by Frank McLynn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with History categories.
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 Justice And Discretion In England 1740 1820
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Author : Peter King
language : en
Publisher: OUP Oxford
Release Date : 2000-09-28
Crime Justice And Discretion In England 1740 1820 written by Peter King and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-28 with History categories.
The criminal law has often been seen as central to the rule of the eighteenth-century landed élite 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 a number of new perspectives on the role of the law in eighteenth-century social relations. The law emerges as less the instrument of particular élite 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 élite than has been previously suggested. Justice was vulnerable to power, but was also mobilised to constrain it. Despite the key functions that the propertied 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 élites.
Criminality And The Common Law Imagination In The 18th And 19th Centuries
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Author : Erin Sheley
language : en
Publisher: Edinburgh University Press
Release Date : 2020-04-02
Criminality And The Common Law Imagination In The 18th And 19th Centuries written by Erin Sheley and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
Through interdisciplinary readings of a range of literary and legal texts across a 200-year period, this book uncovers how the cultural narrative affected the development of the law itself in the 18th and 19th centuries in three case studies: adultery, child criminality and rape testimony.
Law Crime And English Society 1660 1830
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Author : Norma Landau
language : en
Publisher: Cambridge University Press
Release Date : 2002-10-17
Law Crime And English Society 1660 1830 written by Norma Landau and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-17 with History categories.
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.
Criminal Justice During The Long Eighteenth Century
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Author : David Lemmings
language : en
Publisher: Routledge
Release Date : 2018-10-26
Criminal Justice During The Long Eighteenth Century written by David Lemmings and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with History categories.
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".
Cultural Histories Of Law Media And Emotion
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Author : Katie Barclay
language : en
Publisher: Taylor & Francis
Release Date : 2022-07-21
Cultural Histories Of Law Media And Emotion written by Katie Barclay and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-21 with History categories.
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.
In Search Of Criminal Responsibility
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Author : Nicola Lacey
language : en
Publisher: Oxford University Press
Release Date : 2016
In Search Of Criminal Responsibility written by Nicola Lacey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
Crime In England
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Author : J S Cockburn
language : en
Publisher: Routledge
Release Date : 2020-09-10
Crime In England written by J S Cockburn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-10 with History categories.
This volume, first published in 1977, brings together eleven studies of crime and the administration of the criminal law in England during the early modern period. They represent a variety of approaches – legal, historical and sociological – to the study of historical crime. The initial essay in this study, which is written from a legal standpoint, is the first coordinated account of the structure of criminal law administration in this formative period. It is followed by investigations into the nature and incidence of crime, court appearance and punishment, separate studies of witchcraft, infanticide and poaching, and an account of conditions in eighteenth-century Newgate. This book will be of particular interest to students of criminology and history.
Manifest Madness
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Author : Arlie Loughnan
language : en
Publisher: Oxford University Press
Release Date : 2012-04-19
Manifest Madness written by Arlie Loughnan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
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.