Crime and Law in England, 1750–1840 by Peter King

By Peter King

How used to be legislation made in England within the eighteenth and early 19th centuries? via particular reviews of what the courts really did, Peter King argues that parliament and the Westminster courts performed a less significant function within the means of legislations making than is mostly assumed. Justice was once usually remade from the margins via magistrates, judges and others on the neighborhood point. His publication additionally makes a speciality of 4 particular subject matters - gender, early life, violent crime and the assault on standard rights. In doing so it highlights quite a few very important adjustments - the particularly lenient remedy meted out to ladies by means of the past due eighteenth century, the early improvement of the juvenile prison in England prior to 1825, i.e. earlier than comparable adjustments at the continent or in the United States, and the growing to be intolerance of the courts in the direction of daily violence. This research is important studying to an individual drawn to British political and felony historical past.

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Xxiv; K. Smith, Lawyers, Legislators and Theorists. Developments in English Criminal Jurisprudence 1800–1957 (Oxford, 1998), 2; D. Hay, ‘Moral Economy, Political Economy and Law’, in A. Randall, and A. ), Moral Economy and Popular Protest. Crowds, Conflict and Authority (London, 2000), 93–122; D. Hay, ‘The State and the Market in 1800: Lord Kenyon and Mr Waddington’, Past and Present, 162 (1999), 101–162. Shaping and remaking justice from the margins 27 were not regularly schooled in legal principles, neither were they ‘particularly addicted to legal investigation’.

In concluding on the law in relation to the summonsing of those accused of misdemeanours Burn came to the same basic conclusion. ’ The magistrates’ right to discipline victims who failed to turn up and prosecute offenders committed for jury trial may also 23 24 P. King, ‘The Summary Courts and Social Relations in Eighteenth-century England’, Past and Present, 183 (2004); P. Griffiths, ‘Bodies and Souls in Norwich: Punishing Petty Crime, 1540– 1700’ in S. Devereaux and P. ), Penal Practice and Culture, 1500–1900; Punishing the English (Basingstoke, 2004), 86; R.

The huge upsurge in parliamentary legislative activity that 32 Burn, History, 242, 290–5: R. Burn, The Justice, 16th edn, (1788), i, xvi–xviii which includes a discussion of his practices by his son who took over his mantle after his death in 1785; P. Munsche, Gentlemen and Poachers. The English Game Laws 1671–1831 (Cambridge, 1981); J. Adolphus, Observations on the Vagrancy Act and on Some Other Statutes and on the Powers and Duties of Justices of the Peace (London, 1824); S. Anderson, ‘Discretion and the Rule of Law: The Licensing of Drink in England 1817–40’, Legal History, 23 (2002), 48.

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