Identity, Crime and Legal Responsibility in Eighteenth-Century England

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Author :
Publisher : Springer
ISBN 13 : 0230505090
Total Pages : 234 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Identity, Crime and Legal Responsibility in Eighteenth-Century England by : D. Rabin

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 234 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.

Crime and Punishment in Eighteenth Century England

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Author :
Publisher : Routledge
ISBN 13 : 1136093168
Total Pages : 434 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Crime and Punishment in Eighteenth Century England by : Frank McLynn

Download or read book Crime and Punishment in Eighteenth Century England written by Frank McLynn and published by Routledge. This book was released on 2013-06-17 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Criminal Justice During the Long Eighteenth Century

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Publisher : Routledge
ISBN 13 : 0429678460
Total Pages : 365 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Criminal Justice During the Long Eighteenth Century by : David Lemmings

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".

Cultural Histories of Law, Media and Emotion

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Publisher : Taylor & Francis
ISBN 13 : 1000619842
Total Pages : 261 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Cultural Histories of Law, Media and Emotion by : Katie Barclay

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.

In Search of Criminal Responsibility

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Publisher : Oxford University Press
ISBN 13 : 0199248206
Total Pages : 257 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis In Search of Criminal Responsibility by : Nicola Lacey

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.

Manifest Madness

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Publisher : Oxford University Press
ISBN 13 : 0199698597
Total Pages : 307 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Manifest Madness by : Arlie Loughnan

Download or read book Manifest Madness written by Arlie Loughnan and published by Oxford University Press. 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.

Whores and Highwaymen

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Publisher : Waterside Press
ISBN 13 : 1904380751
Total Pages : 683 pages
Book Rating : 4.9/5 (43 download)

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Book Synopsis Whores and Highwaymen by : Gregory J. Dunston

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.

Law, Crime and English Society, 1660–1830

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139433261
Total Pages : 278 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law, Crime and English Society, 1660–1830 by : Norma Landau

Download or read book Law, Crime and English Society, 1660–1830 written by Norma Landau and published by Cambridge University Press. This book was released on 2002-10-17 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Self, Others and the State

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Publisher : Cambridge University Press
ISBN 13 : 1108754961
Total Pages : 327 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Self, Others and the State by : Arlie Loughnan

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.

Criminality and the Common Law Imagination in the 18th and 19th Centuries

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Author :
Publisher : Edinburgh University Press
ISBN 13 : 1474450121
Total Pages : 264 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Criminality and the Common Law Imagination in the 18th and 19th Centuries by : Erin Sheley

Download or read book Criminality and the Common Law Imagination in the 18th and 19th Centuries written by Erin Sheley and published by Edinburgh University Press. This book was released on 2020-04-02 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Wicked Ladies

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443865990
Total Pages : 340 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Wicked Ladies by : Gregory J. Durston

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.

A Cultural History of Law in the Age of Enlightenment

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 135007926X
Total Pages : 216 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis A Cultural History of Law in the Age of Enlightenment by : Rebecca Probert

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.

Armed with Sword and Scales

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Publisher : Cambridge University Press
ISBN 13 : 1108871666
Total Pages : 427 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Armed with Sword and Scales by : Sascha Auerbach

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.

Trials of the self

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Publisher : Manchester University Press
ISBN 13 : 1526153130
Total Pages : 249 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Trials of the self by : Elwin Hofman

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.

Troubled by Faith

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Publisher : Oxford University Press
ISBN 13 : 0198873026
Total Pages : 365 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Troubled by Faith by : Owen Davies

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.

Debauched, Desperate, Deranged

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Publisher : Oxford University Press
ISBN 13 : 019260807X
Total Pages : 240 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Debauched, Desperate, Deranged by : Carolyn A. Conley

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.

The Royal Throne of Mercy and British Culture in the Victorian Age

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 135014245X
Total Pages : 409 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The Royal Throne of Mercy and British Culture in the Victorian Age by : James Gregory

Download or read book The Royal Throne of Mercy and British Culture in the Victorian Age written by James Gregory and published by Bloomsbury Publishing. This book was released on 2020-10-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first detailed study of its kind, James Gregory's book takes a historical approach to mercy by focusing on widespread and varied discussions about the quality, virtue or feeling of mercy in the British world during Victoria's reign. Gregory covers an impressive range of themes from the gendered discourses of 'emotional' appeal surrounding Queen Victoria to the exercise and withholding of royal mercy in the wake of colonial rebellion throughout the British empire. Against the backdrop of major events and their historical significance, a masterful synthesis of rich source material is analysed, including visual depictions (paintings and cartoons in periodicals and popular literature) and literary ones (in sermons, novels, plays and poetry). Gregory's sophisticated analysis of the multiple meanings, uses and operations of royal mercy duly emphasise its significance as a major theme in British cultural history during the 'long 19th century'. This will be essential reading for those interested in the history of mercy, the history of gender, British social and cultural history and the legacy of Queen Victoria's reign.