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".

Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.

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?

Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.

Robert Schwartz examines the French government's attempts to suppress mendicity from the reign of Louis XIV to the Revolution. His study provides a rich account of the evolution of poverty, the varied and shifting attitudes toward the delinquent poor, and the government's efforts to control mendicity by strengthening the state's repressive machinery during the eighteenth century. As Schwartz demonstrates, popular conceptions of the mendicant poor in the ancient regime increasingly focused on the threat that they presented to the rest of society, thereby opening the way for the central state to augment its authority and enhance its credibility by acting as the agent protecting the majority of the populace from its threat to public security. Government efforts to control the activity of the "unworthy poor" -- those of sound mind and body who were seen to prefer idleness over productive work -- were most pronounced during two periods of repressive policing, one in the early eighteenth century and the other in the last two decades before the Revolution. From 1724 to 1733 beggars were interned in hopitaux, existing municipal institutions intended for the care of the "worthy poor," including orphans, the infirm, and the aged. But from 1768 until the outbreak of the Revolution, more stringent measures were taken. Sturdy beggars and vagrants were confined apart from the worthy poor on specially established, royal workhouses called depots de mendicite, and in the case of some repeat offenders, were sentenced to the galleys. This stepped-up level of policing arose not only from royal administrators' long-standing view of mendicity as criminal activity; it was also made possible because the propertied classes had likewise come to believe the mendicant poor were a danger rather than a nuisance. Economic and demographic conditions combined to swell the ranks of paupers and vagrants, especially in the 1760s and 1770s, and social tensions, along with calls for government action, multiplied in proportion to their numbers. As villagers came to call upon the improved royal police for help, a popular mental association of the state with public security began to take root. In arriving at these conclusions, Schwartz concentrates on law enforcement in a single area, Lower Normandy, but continually provides a perspective on local events by putting them in the context of national trends and realities. He tells the story of the poor in eighteenth-century France in sympathetic terms, giving a human face to poverty and to the men who policed its effects. Originally published in 1987. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

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.