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.
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".
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 History 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.
Mad Doctors In The Dock
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Author : Joel Peter Eigen
language : en
Publisher: Johns Hopkins University Press+ORM
Release Date : 2016-11-06
Mad Doctors In The Dock written by Joel Peter Eigen and has been published by Johns Hopkins University Press+ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-06 with Psychology categories.
“Detailed courtroom narratives . . . give us a colorful and gripping sense of the life-and-death maneuvers involved in mounting an insanity defense.” —Andrew Scull, author of Madness in Civilization Shortly before she pushed her infant daughter headfirst into a bucket of water and fastened the lid, Annie Cherry warmed the pail because, as she later explained to a police officer, “It would have been cruel to put her in cold water.” Afterwards, this mother sat down and poured herself a cup of tea. At Cherry’s trial at the Old Bailey in 1877, Henry Charlton Bastian, physician to the National Hospital for the Paralyzed and Epileptic, focused his testimony on her preternatural calm following the drowning. Like many other late Victorian medical men, Bastian believed that the mother’s act and her subsequent behavior indicated homicidal mania, a novel species of madness that challenged the law’s criterion for assigning criminal culpability. How did Dr. Bastian and his cohort of London’s physicians, surgeons, and apothecaries—originally known as “mad-doctors”—arrive at such an innovative diagnosis, and how did they defend it in court? Mad-Doctors in the Dock is a sophisticated exploration of the history of the insanity defense in the English courtroom from the middle of the eighteenth century to the early twentieth century. Joel Peter Eigen examines courtroom testimony offered in nearly 1,000insanity trials, transporting us into the world of psychiatric diagnosis and criminal justice. The first comprehensive account of how medical insight and folk psychology met in the courtroom, this book makes clear the tragedy of the crimes, the spectacle of the trials, and the consequences of the diagnosis for the emerging field of forensic psychiatry.
Armed With Swords Scales
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Author : Sascha Auerbach
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
Armed With Swords Scales written by Sascha Auerbach 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 2021-02-04 with History categories.
Explores how local courtrooms have been a common feature of everyday life and culture since the eighteenth century.
A Critical Introduction To Law And Literature
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Author : Kieran Dolin
language : en
Publisher: Cambridge University Press
Release Date : 2007-03-15
A Critical Introduction To Law And Literature written by Kieran Dolin 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 2007-03-15 with Literary Criticism categories.
Despite their apparent separation, law and literature have been closely linked fields throughout history. Linguistic creativity is central to the law, with literary modes such as narrative and metaphor infiltrating legal texts. Equally, legal norms of good and bad conduct, of identity and human responsibility, are reflected or subverted in literature's engagement with questions of law and justice. Law seeks to regulate creative expression, while literary texts critique and sometimes openly resist the law. Kieran Dolin introduces this interdisciplinary field, focusing on the many ways that law and literature have addressed and engaged with each other. He charts the history of the shifting relations between the two disciplines, from the open affiliation between literature and law in the sixteenth-century Inns of Court to the less visible links of contemporary culture. Originally published in 2007, this book provides an accessible guide to one of the most exciting areas of interdisciplinary scholarship.
Emotions And The Making Of Psychiatric Reform In Britain C 1770 1820
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Author : Mark Neuendorf
language : en
Publisher: Springer Nature
Release Date : 2021-11-19
Emotions And The Making Of Psychiatric Reform In Britain C 1770 1820 written by Mark Neuendorf and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-19 with History categories.
This book explores the ways which people navigated the emotions provoked by the mad in Britain across the long eighteenth century. Building upon recent advances in the historical study of emotions, it plots the evolution of attitudes towards insanity, and considers how shifting emotional norms influenced the development of a ‘humanitarian’ temperament, which drove the earliest movements for psychiatric reform in England and Scotland. Reacting to a ‘culture of sensibility’, which encouraged tears at the sight of tender suffering, early asylum reformers chose instead to express their humanity through unflinching resolve, charging into madhouses to contemplate scenes of misery usually hidden from public view, and confronting the authorities that enabled neglect to flourish. This intervention required careful emotional management, which is documented comprehensively here for the first time. Drawing upon a wide array of medical and literary sources, this book provides invaluable insights into pre-modern attitudes towards insanity.
Manifest Madness
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Author : Arlie Loughnan
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-04-19
Manifest Madness written by Arlie Loughnan and has been published by Oxford University Press, USA 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.
Self Others And The State
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Author : Arlie Loughnan
language : en
Publisher: Cambridge University Press
Release Date : 2019-12-12
Self Others And The State written by Arlie Loughnan 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 2019-12-12 with Law categories.
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.
Philosophical Foundations Of Criminal Law
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Author : R. A. Duff
language : en
Publisher: OUP Oxford
Release Date : 2013-01-24
Philosophical Foundations Of Criminal Law written by R. A. Duff and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-24 with Law categories.
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.