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Books > Law > Jurisprudence & general issues > Legal history
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.
This book focuses on the history of the provision of legal aid and
legal assistance to the poor in the nineteenth and twentieth
centuries in eight different countries. It is the first such book
to bring together historical work on legal aid in a comparative
perspective, and allows readers to analogise and contrast
historical narratives about free legal aid across countries. Legal
aid developed as a result of industrialisation, urbanization,
immigration, the rise of philanthropy, and what were viewed as new
legal problems. Closely related, was the growing
professionalisation of lawyers and the question of what duties
lawyers owed society to perform free work. Yet, legal aid providers
in many countries included lay women and men, leading at times to
tensions with the bar. Furthermore, legal aid often became deeply
politicized, creating dramatic conflicts concerning the rights of
the poor to have equal access to justice.
In the late nineteenth century, progressive reformers recoiled at
the prospect of the justice system punishing children as adults.
Advocating that children's inherent innocence warranted
fundamentally different treatment, reformers founded the nation's
first juvenile court in Chicago in 1899. Yet amidst an influx of
new African American arrivals to the city during the Great
Migration, notions of inherent childhood innocence and juvenile
justice were circumscribed by race. In documenting how blackness
became a marker of criminality that overrode the potential
protections the status of ""child"" could have bestowed, Tera Eva
Agyepong shows the entanglements between race and the state's
transition to a more punitive form of juvenile justice. This
important study expands the narrative of racialized criminalization
in America, revealing that these patterns became embedded in a
justice system originally intended to protect children. In doing
so, Agyepong also complicates our understanding of the nature of
migration and what it meant to be black and living in Chicago in
the early twentieth century.
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