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Books > Law > Jurisprudence & general issues > Legal history
This book is available as open access through the Bloomsbury Open
Access programme and is available on www.bloomsburycollections.com.
It is funded by the University of Leicester. Between 1415, when the
Portuguese first used convicts for colonization purposes in the
North African enclave of Ceuta, to the 1960s and the dissolution of
Stalin's gulags, global powers including the Spanish, Dutch,
Portuguese, British, Russians, Chinese and Japanese transported
millions of convicts to forts, penal settlements and penal colonies
all over the world. A Global History of Convicts and Penal Colonies
builds on specific regional archives and literatures to write the
first global history of penal transportation. The essays explore
the idea of penal transportation as an engine of global change, in
which political repression and forced labour combined to produce
long-term impacts on economy, society and identity. They
investigate the varied and interconnected routes convicts took to
penal sites across the world, and the relationship of these convict
flows to other forms of punishment, unfree labour, military service
and indigenous incarceration. They also explore the lived worlds of
convicts, including work, culture, religion and intimacy, and
convict experience and agency.
Although seemingly bizarre and barbaric in modern times, trial
by ordeal-the subjection of the accused to undergo harsh tests such
as walking over hot irons or being bound and cast into water-played
an integral, and often staggeringly effective, role in justice
systems for centuries.
In "Trial by Fire and Water," Robert Bartlett examines the
workings of trial by ordeal from the time of its first appearance
in the barbarian law codes, tracing its use by Christian societies
down to its last days as a test for witchcraft in modern Europe and
America. Bartlett presents a critique of recent theories about the
operation and the decline of the practice, and he attempts to make
sense of the ordeal as a working institution and to explain its
disappearance. Finally, he considers some of the general historical
problems of understanding a society in which religious beliefs were
so fundamental.
Robert Bartlett is Wardlaw Professor of Medieval History at the
University of St. Andrews.
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