Identity, Crime and Legal Responsibility in Eighteenth-Century England

Identity, Crime and Legal Responsibility in Eighteenth-Century England
Author: D. Rabin
Publisher: Springer
Total Pages: 245
Release: 2004-10-20
Genre: History
ISBN: 0230505090

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

Criminal Justice During the Long Eighteenth Century
Author: David Lemmings
Publisher: Routledge
Total Pages: 365
Release: 2018-10-26
Genre: History
ISBN: 0429678460

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".

Yale Law Journal: Volume 124, Number 8 - June 2015

Yale Law Journal: Volume 124, Number 8 - June 2015
Author: Yale Law Journal
Publisher: Quid Pro Books
Total Pages: 436
Release: 2015-06-26
Genre: Law
ISBN: 1610278356

The contents of the June 2015 issue (Volume 124, Number 8) of the Yale Law Journal are: Article, "The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement," Anthony J. Casey Note, "A Reassessment of Common Law Protections for 'Idiots,'" Michael Clemente Feature: Arbitration, Transparency, and Privatization: "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights," Judith Resnik "Arbitration and Americanization: The Paternalism of Progressive Procedural Reform," Amalia D. Kessler "Arbitration’s Counter-Narrative: The Religious Arbitration Paradigm," Michael A. Helfand "Disappearing Claims and the Erosion of Substantive Law," J. Maria Glover Feature, "Constitutional Law in an Age of Proportionality," Vicki C. Jackson Quality digital formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This ebook is the last issue of the academic year 2014-2015, Number 8 of Volume 124. It includes a cumulative Index for the volume.

Infanticide

Infanticide
Author: Rachel Dixon
Publisher: Routledge
Total Pages: 230
Release: 2023-02-02
Genre: History
ISBN: 1000474143

Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.

Empire of Guns

Empire of Guns
Author: Priya Satia
Publisher: Penguin
Total Pages: 569
Release: 2018-04-10
Genre: History
ISBN: 0735221871

NAMED ONE OF THE BEST BOOKS OF 2018 BY THE SAN FRANCISCO CHRONICLE AND SMITHSONIAN MAGAZINE By a prize-winning young historian, an authoritative work that reframes the Industrial Revolution, the expansion of British empire, and emergence of industrial capitalism by presenting them as inextricable from the gun trade "A fascinating and important glimpse into how violence fueled the industrial revolution, Priya Satia's book stuns with deep scholarship and sparkling prose."--Siddhartha Mukherjee, Pulitzer Prize-winning author of The Emperor of All Maladies We have long understood the Industrial Revolution as a triumphant story of innovation and technology. Empire of Guns, a rich and ambitious new book by award-winning historian Priya Satia, upends this conventional wisdom by placing war and Britain's prosperous gun trade at the heart of the Industrial Revolution and the state's imperial expansion. Satia brings to life this bustling industrial society with the story of a scandal: Samuel Galton of Birmingham, one of Britain's most prominent gunmakers, has been condemned by his fellow Quakers, who argue that his profession violates the society's pacifist principles. In his fervent self-defense, Galton argues that the state's heavy reliance on industry for all of its war needs means that every member of the British industrial economy is implicated in Britain's near-constant state of war. Empire of Guns uses the story of Galton and the gun trade, from Birmingham to the outermost edges of the British empire, to illuminate the nation's emergence as a global superpower, the roots of the state's role in economic development, and the origins of our era's debates about gun control and the "military-industrial complex" -- that thorny partnership of government, the economy, and the military. Through Satia's eyes, we acquire a radically new understanding of this critical historical moment and all that followed from it. Sweeping in its scope and entirely original in its approach, Empire of Guns is a masterful new work of history -- a rigorous historical argument with a human story at its heart.

Mad-Doctors in the Dock

Mad-Doctors in the Dock
Author: Joel Peter Eigen
Publisher: Johns Hopkins University Press+ORM
Total Pages: 332
Release: 2016-11-06
Genre: Psychology
ISBN: 142142049X

“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.

Manifest Madness

Manifest Madness
Author: Arlie Loughnan
Publisher: Oxford University Press, USA
Total Pages: 307
Release: 2012-04-19
Genre: Law
ISBN: 0199698597

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.

Law and Society in England 1750-1950

Law and Society in England 1750-1950
Author: William Cornish
Publisher: Bloomsbury Publishing
Total Pages: 781
Release: 2019-10-31
Genre: Law
ISBN: 1509931260

Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.

Honour, Violence and Emotions in History

Honour, Violence and Emotions in History
Author: Carolyn Strange
Publisher: A&C Black
Total Pages: 323
Release: 2014-04-10
Genre: History
ISBN: 1472519493

Honour, Violence and Emotions in History is the first book to draw on emerging cross-disciplinary scholarship on the study of emotions to analyse the history of honour and violence across a broad range of cultures and regions. Written by leading cultural and social historians from around the world, the book considers how emotions - particularly shame, anger, disgust, jealousy, despair and fear - have been provoked and expressed through culturally-embedded and historically specific understandings of honour. The collection explores a range of contexts, from 17th-century China to 18th-century South Africa and 20th-century Europe, offering a broad and wide-ranging analysis of the interrelationships between honour, violence and emotions in history. This ground-breaking book will be of interest to all researchers studying the relationship between violence and the emotions.

Armed with Sword and Scales

Armed with Sword and Scales
Author: Sascha Auerbach
Publisher: Cambridge University Press
Total Pages: 427
Release: 2021-02-04
Genre: History
ISBN: 1108871666

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.