Crime, Justice, and Discretion in England provides historians with a meticulously executed and revealing study of the functioning of the pre-Peel criminal justice system. King's analysis amply supports his concluding characterization of the system as one not simply of terror and exploitation, but of 'struggle, of negotiation, of accommodation' with practically every social group shaping the system and being shaped by it.

Legal History

Peter King's Crime, Justice and Discretion.. is on a par withthe groundbreaking research of Thompson and his students ... every paragraph teems with evidence of King's mastery of the secondary sources, his painstaking archival research, and judicious consideration of the material he has assembled.

Reviews in History

... interesting, thoughtful, scholarly and well-written.

History Today

The criminal law has often been seen as central to the rule of the 18th century landed elite in England. This book presents a detailed analysis of the judicial process - of victim's reactions, pretrial practices, policing, magistrates hearings, trials, sentencing, pardoning and punishment - using property offenders as its main focus. The period 1740-1820, the final era before the coming of the new police and the repeal of the capital code, emerges as the great age of discretionary justice, and the book explores the impact of the vast discretionary powers held by many social groups. It reassesses both the relationship betweeen crime rates and economic deprivation, and the many ways that vulnerability to prosecution varied widely across the lifecycle, in the light of the highly selective nature of pretrial negotiations. More centrally, by asking at every stage who used the law, for what purposes, in whose interests and with what effects, it opens up a number of new perspectives on the role of the law in eighteenth century social relations. The law emerges as the less the instrument of particular elite groups and more as an arena of struggle, of negotiation and of compromise. Its rituals were less controllable and its merciful moments less manageable and less exclusively available to the gentry elite than has been previously suggested. Justice was vulnerable to power but was also mobilised to constrain it. Despite the key functions that the propertied fulfilled, courtroom crowds, the counter-theatre of the condemned and the decisions of the victims from a very wide range of backgrounds had a role to play, and the criteria on which decisions were based were shaped as much by the broad and more humane discourse which Fielding called the "good mind" as by the instrumental needs of the propertied elites.
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Within studies of the criminal process, this volume explores key issues such as who used the law, for what purposes, and with what effects. It then examines the view that the law was primarily the instrument of a small elite, portraying it instead as an arena of struggle, negotiation, and compromise used by many different social groups.
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`King also provides fascinating data about life-cycle and crime patterns, gender and age, and the social and economic meanings of crime. Criminologists seeking to gain new perspective on the meanings of crime and the social role of the criminal law still learn much from the extraordinarily vivid picture drawn by King of the workings of the eighteenth-century criminal court.' British Journal of Criminology 41, 2001 `incisive commentary' British Journal of Criminology 41, 2001 `King has a fine eye for the grotesque and the absurd.' British Journal of Criminology 41, 2001 `This thorough empirical study of the prosecution of property offences in the English courts will stand alongside the classic studies of the eighteenth /century/ history of crime.' British Journal of Criminology 41, 2001 `interesting, thoughtful, scholarly and well-written' History Today `Peter King has produced a stunning account of discretionary justice in the criminal process ... a wonderful blend of quantitative and qualitative analysis ... There is a library of first-rate studies of the criminal process in eighteenth century England. This book is among the very best of them ... I rank it along side John Beattie's (1986) magisterial award winning study, Crime and the Courts in England: 1660-1800, as one of the two best ... a stunning achievement.' Law and Politics Book Review `Peter King's Crime, Justice and Discretion is on a par with the groundbreaking research of Thompson and his students ... every paragraph teems with evidence of King's mastery of the secondary sources, his painstaking archival research, and judicious consideration of the material he has assembled.' Clive Emsley, Reviews in History
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Produktdetaljer

ISBN
9780198229100
Publisert
2000
Utgiver
Oxford University Press
Vekt
727 gr
Høyde
243 mm
Bredde
163 mm
Dybde
26 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
398

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