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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".
This edited collection takes a critical perspective on Norbert
Elias's theory of the "civilizing process," through historical
essays and contemporary analysis from sociologists and cultural
theorists. It focuses on changes in emotional regimes or styles and
considers the intersection of emotions and social change,
historically and contemporaneously. The book is set in the context
of increasing interest among humanities and social science scholars
in reconsidering the significance of emotion and affect in society,
and the development of empirical research and theorizing around
these subjects. Some have labeled this interest as an "affective
turn" or a "turn to affect," which suggests a profound and
wide-ranging reshaping of disciplines. Building upon complex
theoretical models of emotions and social change, the chapters
exemplify this shift in analysis of emotions and affect, and
suggest different approaches to investigation which may help to
shape the direction of sociological and historical thinking and
research.
This edited collection takes a critical perspective on Norbert
Elias's theory of the "civilizing process," through historical
essays and contemporary analysis from sociologists and cultural
theorists. It focuses on changes in emotional regimes or styles and
considers the intersection of emotions and social change,
historically and contemporaneously. The book is set in the context
of increasing interest among humanities and social science scholars
in reconsidering the significance of emotion and affect in society,
and the development of empirical research and theorizing around
these subjects. Some have labeled this interest as an "affective
turn" or a "turn to affect," which suggests a profound and
wide-ranging reshaping of disciplines. Building upon complex
theoretical models of emotions and social change, the chapters
exemplify this shift in analysis of emotions and affect, and
suggest different approaches to investigation which may help to
shape the direction of sociological and historical thinking and
research.
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'.
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".
This book explores ways in which passions came to be conceived,
performed and authenticated in the eighteenth-century marketplace
of print. It considers satire and sympathy in various environments,
ranging from popular novels and journalism, through philosophical
studies of the Scottish Enlightenment, to last words, aesthetics,
and plastic surgery.
During the period of the Baroque and Enlightenment the word
"emotion", denoting passions and feelings, came into usage, albeit
in an irregular fashion. "Emotion" ultimately emerged as a term in
its own right, and evolved in English from meaning physical
agitation to describe mental feeling. However, the older
terminology of "passions" and "affections" continued as the
dominant discourse structuring thinking about feeling and its wider
religious, political, social, economic, and moral imperatives. The
emotional cultures described in these essays enable some
comparative discussion about the history of emotions, and
particularly the causes and consequences of emotional change in the
larger cultural contexts of the Baroque and Enlightenment. Emotions
research has enabled a rethinking of dominant narratives of the
period-of histories of revolution, state-building, the rise of the
public sphere, religious and scientific transformation, and more.
As a new and dynamic field, the essays here are just the beginning
of a much bigger history of emotions.
During the period of the Baroque and Enlightenment the word
"emotion", denoting passions and feelings, came into usage, albeit
in an irregular fashion. "Emotion" ultimately emerged as a term in
its own right, and evolved in English from meaning physical
agitation to describe mental feeling. However, the older
terminology of "passions" and "affections" continued as the
dominant discourse structuring thinking about feeling and its wider
religious, political, social, economic, and moral imperatives. The
emotional cultures described in these essays enable some
comparative discussion about the history of emotions, and
particularly the causes and consequences of emotional change in the
larger cultural contexts of the Baroque and Enlightenment. Emotions
research has enabled a rethinking of dominant narratives of the
period-of histories of revolution, state-building, the rise of the
public sphere, religious and scientific transformation, and more.
As a new and dynamic field, the essays here are just the beginning
of a much bigger history of emotions.
New analysis and interpretation of law and legal institutions in
the "long eighteenth century". Law and legal institutions were of
huge importance in the governance of Georgian society: legislation
expanded the province of administrative authority out of all
proportion, while the reach of the common law and its communal
traditions of governance diminished, at least outside British North
America. But what did the rule of law mean to eighteenth-century
people, and how did it connect with changing experiences of law in
all their bewildering complexity?This question has received much
recent critical attention, but despite widespread agreement about
Law's significance as a key to unlock so much which was central to
contemporary life, as a whole previous scholarship has only offered
a fragmented picture of the Laws in their social meanings and
actions. Through a broader-brush approach, The British and their
Laws in the Eighteenth Century contributes fresh analyses of law in
England andBritish settler colonies, c. 1680-1830; its expert
contributors consider among other matters the issues of
participation, central-local relations, and the maintenance of
common law traditions in the context of increasing legislative
interventions and grants of statutory administrative powers.
Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA
INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS
KONIG, BRUCE KERCHER
Oxford's variorum edition of William Blackstone's seminal treatise
on the common law of England and Wales offers the definitive
account of the Commentaries' development in a modern format. For
the first time it is possible to trace the evolution of English law
and Blackstone's thought through the eight editions of Blackstone's
lifetime, and the authorial corrections of the posthumous ninth
edition. Introductions by the general editor and the volume editors
set the Commentaries in their historical context, examining
Blackstone's distinctive view of the common law, and editorial
notes throughout the four volumes assist the modern reader in
understanding this key text in the Anglo-American common law
tradition. Book I: Of the Rights of Persons covers the key topics
of constitutional and public law. Blackstone's inaugural lecture
'On the Study of the Law' introduces a series of general essays on
the nature of law, including a chapter on 'The Absolute Rights of
Individuals' . This is followed by an extended account of England's
political constitution. The various categories of people or
subjects are then surveyed, with special attention to the rights
and obligations of masters and servants, husbands and wives,
parents and children, and lastly 'artificial persons', or
corporations. In addition to David Lemmings' introduction to the
volume, Book I includes an introduction from the General Editor
Wilfrid Prest.
This is the first detailed analysis of English barristers and the
Inns of Court in the period 1680-1730. The four Inns of Court have
constituted the principal institutional home of common lawyers
since medieval times, and by the early modern period were regarded
as a `third university'. Barristers were the pre-eminent
professional men of Augustan England. In parliament, they played a
disproportionate role in the business of the Commons. David
Lemmings traces the history of the Inns and the barristers during
an important period of transition. He shows how the Inns declined
from their former splendour during the later seventeenth century
until, by the reign of George II, they were principally dormitories
and offices for a mass of non-lawyers, and comfortable dining clubs
for a minority of their members. At the same time, the number of
practising barristers fell. Together these changes represented an
invigorating purge which re-structured the legal profession. The
processes of professionalization among different occupational
groups are of increasing historical interest. Gentlemen and
Barristers is an original and thorough analysis of a major
profession at a significant stage of its development. Dr Lemmings
breaks new ground in his use of contemporary material, including
the archives of the Inns of Court. His eleven appendices, detailing
the business and finances of the barristers, will prove an
invaluable reference tool. The history of the Inns and the
barristers necessarily touches upon many aspects of life in this
period, including commerce, high politics, and elite culture. This
story offers a fresh perspective on England under the last Stuarts
and first Hanoverians.
The story of the English barristers and the culture of common law between 1690 and 1820 is a complex one. In Professors of the Law David Lemmings provides a wealth of detail about barristers' numbers, education, working habits, reputation, and self-image, and compares them with colonial American lawyers. The broad-ranging conclusion suggests that the bar ultimately failed English society and contributed to the marginalization of the common law.
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