Communities & Courts in Britain, 1150-1900

Communities & Courts in Britain, 1150-1900
Author: Christopher Brooks
Publisher: A&C Black
Total Pages: 285
Release: 1997-01-01
Genre: Law
ISBN: 1852851511

The essays in Communities and Courts in Britain, 1150-1900 all reflect the wider concept of legal history - how legal processes fitted into the social and political life of the community and how courts and other legal processes were used by contemporaries. In doing so they aim both to justify the study of legal history in its own right and to show how legal records, including those of a variety of central and local courts, can be used to further our understanding of a wide range of social, commercial, popular and political history.

The Tudor Sheriff

The Tudor Sheriff
Author: Jonathan McGovern
Publisher: Oxford University Press
Total Pages: 316
Release: 2022-01-21
Genre: History
ISBN: 0192848240

Sheriffs were among the most important local office-holders in early modern England. They were generalist officers of the king responsible for executing legal process, holding local courts, empanelling juries, making arrests, executing criminals, collecting royal revenue, holding parliamentary elections, and many other vital duties. Although sheriffs have a cameo role in virtually every book about early modern England, the precise nature of their work has remained something of a mystery. The Tudor Sheriff offers the first comprehensive analysis of the shrieval system between 1485 and 1603. It demonstrates that this system was not abandoned to decay in the Tudor period, but was effectively reformed to ensure its continued relevance. Jonathan McGovern shows that sheriffs were not in competition with other branches of local government, such as the Lords Lieutenant and justices of the peace, but rather cooperated effectively with them. Since the office of sheriff was closely related to every other branch of government, a study of the sheriff is also a study of English government at work.

Legalism

Legalism
Author: Fernanda Pirie
Publisher: OUP Oxford
Total Pages: 456
Release: 2014-07-31
Genre: Law
ISBN: 0191025933

'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

Informal Justice in England and Wales, 1760-1914

Informal Justice in England and Wales, 1760-1914
Author: Stephen Banks
Publisher: Boydell & Brewer Ltd
Total Pages: 242
Release: 2014
Genre: History
ISBN: 1843839407

Shortlisted for the 2015 Katharine Briggs Award This is a study of law, wrongdoing and justice as conceived in the minds of the ordinary people of England and Wales from the later eighteenth century to the First World War. Official justice was to become increasingly centralised with declining traditional courts, emerging professional policing and a new prison estate. However, popular concepts of what was, or should be, contained within the law were often at variance with its formal written content. Communities continued to hold mock courts, stage shaming processions and burn effigies of wrongdoers. The author investigates those justice rituals, the actors, the victims and the offences that occasioned them. He also considers the role such practices played in resistive communities trying to preserve their identity and assert their independence. Finally, whilst documenting the decline of popular justice traditions this book demonstrates that they were nevertheless important in bequeathing a powerful set of symbols and practices to the nascent labour movement. This book will be of interest to scholars and students of legal history and criminal justice as well as social and cultural history in what could be considered a very long nineteenth century. Stephen Banks is an associate professor in criminal law, criminal justice and legal history at the University of Reading, co-director of the Forum for Legal and Historical Research and author of A Polite Exchange of Bullets: The Duel and the English Gentleman, 1750-1850 (The Boydell Press, 2010).

Land Law and People in Medieval Scotland

Land Law and People in Medieval Scotland
Author: Neville Cynthia J. Neville
Publisher: Edinburgh University Press
Total Pages: 261
Release: 2012-10-16
Genre: History
ISBN: 0748664637

This ambitious book, newly available in paperback, examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400.Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.

Courtship and Constraint

Courtship and Constraint
Author: Diana O'Hara
Publisher: Manchester University Press
Total Pages: 292
Release: 2002-10-04
Genre: Family & Relationships
ISBN: 9780719062513

This book is the first major study of courtship in early modern England. Courtship was a vitally important process in early modern England. It was a period of private and public negotiation, often fraught with anxiety. If completed successfully it brought respectability, the privileges of marriage and adulthood, and a stable union between socially, economically, and emotionally compatible couples. Using Kent church court and probate material dating from the 15th to the end of the 16th century, the book blends historical and anthropological perspectives to suggest novel and exciting approaches to the making of marriage.

Sanitation in Urban Britain, 1560-1700

Sanitation in Urban Britain, 1560-1700
Author: Leona J. Skelton
Publisher: Routledge
Total Pages: 219
Release: 2015-12-22
Genre: Business & Economics
ISBN: 131721790X

Popular belief holds that throwing the contents of a chamber pot into the street was a common occurrence during the early modern period. This book challenges this deeply entrenched stereotypical image as the majority of urban inhabitants and their local governors alike valued clean outdoor public spaces, vesting interest in keeping the areas in which they lived and worked clean. Taking an extensive tour of over thirty towns and cities across early modern Britain, focusing on Edinburgh and York as in-depth case studies, this book sheds light on the complex relationship between how governors organised street cleaning, managed waste disposal and regulated the cleanliness of the outdoor environment, top-down, and how typical urban inhabitants self-regulated their neighbourhoods, bottom-up. The urban-rural manure trade, sanitation infrastructure, waste-disposal technology, plague epidemics, contemporary understandings of malodours and miasmatic disease transmission and urban agriculture are also analysed. This book will enable undergraduates, postgraduates and established academics to deepen their understanding of daily life and sensory experiences in the early modern British town. This innovative work will appeal to social, cultural and legal historians as well as researchers of history of medicine and public health.

Law, Lawyers and Litigants in Early Modern England

Law, Lawyers and Litigants in Early Modern England
Author: Michael Lobban
Publisher: Cambridge University Press
Total Pages: 385
Release: 2019-06-27
Genre: History
ISBN: 1108491723

Explores the impact of legal ideas and legal consciousness on early modern English society and culture.

The Great Council of Malines in the 18th century

The Great Council of Malines in the 18th century
Author: An Verscuren
Publisher: Springer
Total Pages: 360
Release: 2014-10-15
Genre: Law
ISBN: 3319096389

This work studies the Great Council of Malines as an institution. It analyzes the Council’s internal organization and staff policy, its position within the broader society of the Austrian Netherlands, the volume and nature of litigation at the Council and its final years and ultimate demise in the late 18th and early 19th century. By means of this institutional study, this volume provides insight into the role played by the Great Council in the process of state-building in the 18th century Austrian Netherlands. While superior courts were once considered to be the prime agencies of change in the Early Modern Period, tools par excellence for the sovereigns’ striving towards centralization and superiority, their position in the 18th century has so far been barely touched upon. This work focuses specifically on the 18th century supreme court of the Austrian Netherlands and provides a broad overview with attention to other aspects of the tribunal's functioning and to its role in 18th century attempts at state formation.

Social Control in Europe

Social Control in Europe
Author: Herman Roodenburg
Publisher: Ohio State University Press
Total Pages: 392
Release: 2004
Genre: History
ISBN: 0814209688

This first volume of a two-volume collection of essays provides a comprehensive examination of the idea of social control in the history of Europe. The uniqueness of these volumes lies in two main areas. First, the contributors compare methods of social control on many levels, from police to shaming, church to guilds. Second, they look at these formal and informal institutions as two-way processes. Unlike many studies of social control in the past, the scholars here examine how individuals and groups that are being controlled necessarily participate in and shape the manner in which they are regulated. Hardly passive victims of discipline and control, these folks instead claimed agency in that process, accepting and resisting -- and thus molding -- the controls under which they functioned. The essays in this volume focus on the interplay of ecclesiastical institutions and the emerging states, examining discipline from a bottom-up perspective. Book jacket.