dunnettreader + criminal_justice   19

Lords of Misrule | Matt Stoller - The Baffler - Sept 2017
In 1937, future Supreme Court Justice Robert Jackson gave a toast at the New York State Bar Association on the civic responsibilities of the legal profession.…
Evernote  legal_culture  corporate_law  legal_system  US_politics  US_legal_system  US_government  white-collar_crime  criminal_justice  DOJ  fraud  financial_crisis  financial_regulation  SEC  antitrust  Obama_administration  accountability  from instapaper
september 2017 by dunnettreader
Nicola Lacey - Jurisprudence, History, and the Institutional Quality of Law (Symposium - Jurisprudence and (Its) History) | Virginia Law Review - 101 Va. L. Rev. 919 (2015)
A cri de coeur for putting legal theory and history back together with social theory and empirical social sciences,. -- In the early part of my career, legal history and the history of legal ideas were closed books to me, as I made my way in a field of criminal law scholarship dominated by doctrinal scholarship and by concept-focused philosophical analysis of the foundations of criminal law. These 2 very different paradigms have 1 big thing in common: They tend to proceed as if the main intellectual task is to unearth the deep logic of existing legal doctrines, not infrequently going so far as to read them back onto history, as if things could never have been other than they are. (..)I have increasingly found myself turning to historical resources (1) [to examine] the contingency of particular legal arrangements, and (2) ...to develop causal and other theses about the dynamics which shape them and hence about the role and quality of criminal law as a form of power in modern societies. So, in a sense, I have been using history in support of an analysis driven primarily by the social sciences. (..) it is no accident that all of the great social theorists, from Marx to Foucault via Weber, Durkheim, and Elias, ..have incorporated significant historical elements into their interpretations .... Indeed, without the diachronic perspective provided by history (or the perspective offered by comparative study) we could have no critical purchase on social theory’s characterizations of or causal hypotheses about the dynamics of social systems. Hence, (...) my boundless gratitude to the historians whose meticulous research makes this sort of interpretive social theory possible). -- Lacey is not over-dramatizing -- see the "commentary" from a "legal philosopher" who believes the normative basis of criminal responsibility can be investigated as timeless "moral truths". -- downloaded pdf to Note
article  social_theory  historical_sociology  historical_change  institutions  institutional_change  philosophy_of_law  philosophical_anthropology  philosophy_of_social_science  jurisprudence  legal_theory  analytical_philosophy  concepts  morality-conventional  morality-objective  criminal_justice  responsibility  mind  human_nature  norms  power-asymmetric  power-symbolic  power  Neoplatonism  neo-Kantian  a_priori  historiography  intellectual_history  political_philosophy  political_culture  moral_philosophy  evidence  mental_health  social_order  epistemology  epistemology-moral  change-social  change-intellectual  comparative_law  comparative_anthropology  civil_liberties  women-rights  women-property  rights-legal  rights-political  access_to_services  discrimination  legal_culture  legal_system  legal_reasoning  Foucault  Marx  Weber  Durkheim  metaethics  downloaded 
july 2015 by dunnettreader
Kimberly Kessler Ferzan - Of Weevils and Witches: What Can We Learn from the Ghost of Responsibility Past? A Commentary on Lacey's "Jurisprudence, History, and the Institutional Quality of Law" | Virginia Law Review - 101 Va. L. Rev. 947 (2015)
Lacey's article (..) criticizes the scholarship on criminal responsibility for being too concerned with “its conceptual contours and moral foundations,” “rather than with what it is for[:] its social roles, meaning, and functions.” Here is what she is arguing against. There are theorists, myself included, who think of questions of responsibility in philosophical terms. These moral truths are not socially or historically contingent; they are constant questions to which we seek answers. (..) In some ways, this is a (boring) methodological debate. What I care about as responsibility is not what she cares about as responsibility. -- YIKES -- Apart from the travesty of equating legal norms with "moral truths," this looks like moral realism run amok -- the questions may be "constant" but who gets to frame the Qs, what values are doing the framing (blood money, retribution, restitution, prevention, hierarchy reinforcement, group purification), what anthropology and epistemology implicitly govern the framing (universal depravity, trial by ordeal, women's testimony is unreliable?), the defined criteria (lower orders don't have honor they can defend, husbands can't commit rape), how criteria are to be applied, by whom (civil vs religious authority, manor courts vs king's law, lie detector operators, NSA algorithms?) -- "Philosophical" inquiry is limited to *a priori* concerns, and "philosophical" answers are limited to eternal Platonic "moral truths". But if normative Qs & As are by definition not contingent on changing institutions and social assumptions re behavior, what's's the foundation for her inquiry process? Armchair "fine-grained" intuitions re "mental states"? So do we get new "moral truths" along with the each new neuroscience study? "Proof there's no free will!"="moral truth" (let everybody out of jail?) and next month "Latest study finds the free will spot"=oops, new eternal "moral truth" (can we test it like DNA?) -- Analytic philosophy rediscovering Aristotelian categories is bad enough, but analytic neo-Platonic anthropology gets me actively hostile, and it's even more absurd if we're talking about criminal law -- didn't download
article  analytical_philosophy  a_priori  moral_philosophy  morality-objective  jurisprudence  criminal_justice  biocultural_evolution  human_nature  moral_psychology 
july 2015 by dunnettreader
Frederick Schauer - The Path-Dependence of Legal Positivism (Symposium - Jurisprudence and (Its) History) | Virginia Law Review - 101 Va. L. Rev. 957 (2015)
My aim in this Article is to focus on the history of thinking about law in the context of 3 topics (..) to show that the continuous development of the theory of legal positivism, however useful it may have been or may still be, has possibly caused us to ignore other aspects of what was originally part of the positivist picture. (..)The first of these dimensions is the relationship between legal theory and legal reform. (..) that an account of the nature of law might be developed not simply as an aid to understanding or accurate description, but instead as a way of facilitating reform of law itself or reform of how a society understands the idea of law. Second, legal positivism, at the time of its late 19thC (or perhaps even earlier) origins, was focused on the importance of coercion, force, and sanctions as central components of law. But as with the creation of legal theories for the purpose of legal reform, this emphasis on the coercive side of law has also been banished to a kind of jurisprudential purgatory, for reasons and with consequences that deserve further examination. The third lost element of earlier versions of legal positivism is its focus on judicial decision making and the role of judges. Modern legal positivists, for whom 1961 is all too often the beginning of useful thought about the nature of law, do not, with few exceptions, consider theories of judicial decision making to be a necessary or even important part of the positivist perspective. But it was not always so. -- downloaded pdf to Note
article  intellectual_history  intellectual_history-distorted  18thC  19thC  20thC  21stC  philosophy_of_law  jurisprudence  legal_theory  legal_system  political_philosophy  legal_reform  institutional_change  institutions  judiciary  judicial_review  law_enforcement  criminal_justice  punishment  coercion  authority  obligation  policymaking  political_change  social_theory  social_sciences  positivism-legal  positive_law  positivism  justice  Study_and_Uses  downloaded 
july 2015 by dunnettreader
Frank Pasquale - Four Futures of Legal Automation | Balkinization: June 2015
http://balkin.blogspot.com/2015/06/four-futures-of-legal-automation.html -- overview of new article dealing with different scenarios for "disruption" promised by "innovators" and venture capitalists, which is likely to take the new fashion of arbitraging "inefficiencies" without any thoughts as to consequences for unraveling the "logic" of the current systems of legal services, re both content and access -- Instapaper has a number of links -- also downloaded pdf to Note
Instapaper  article  legal_system  legal_culture  automation  Innovation  technology  access_to_services  corporate_law  criminal_justice  family_law  property_rights  rights-legal  contracts  links  downloaded  from instapaper
june 2015 by dunnettreader
Bert Useem and Anne Morrison Piehl - Prison State: The Challenge of Mass Incarceration | Cambridge University Press - March 2008
Bert Useem, Purdue University, Indiana -- Anne Morrison Piehl, Rutgers University, New Jersey -- Paperback isbn: 9780521713399 -- Within the past 25 years, the prison population in America shot upward to reach a staggering 1.53 million by 2005. This book takes a broad, critical look at incarceration, the huge social experiment of American society. The authors investigate the causes and consequences of the prison buildup, often challenging previously held notions from scholarly and public discourse. By examining such themes as social discontent, safety and security within prisons, and impact on crime and on the labor market, Piehl and Useem use evidence to address the inevitable larger question, where should incarceration go next for American society, and where is it likely to go? **--** Table of Contents -- 1. The buildup to mass incarceration -- 2. Causes of the prison buildup -- 3. More prison, less crime? -- 4. Prison buildup and disorder -- 5. The buildup and inmate release -- 6. Implications of the buildup for labor markets -- 7. Conclusion: right-sizing prison. -- via Mark Kleiman re after a certain percentage of the population incarcerated, each marginal convict you add actually increases the crime rate, due to both internal factors (prisons breed criminals) and external impacts on the community from which prisoners are being taken -- excerpt downloaded pdf to Note
books  US_history  US_society  US_legal_system  US_politics  social_history  20thC  21stC  crime  criminal_justice  prisons  Labor_markets  racism  discrimination  poverty  inequality  law_enforcement  privatization  police  legislation  judiciary  state_government  urban_politics  cities-governance  downloaded 
june 2015 by dunnettreader
Darrell M. West - How digital technology can reduce prison incarceration rates | Brookings Institution | March 31, 2015
It’s an acknowledged fact that the United States has the highest incarceration rate among developed nations. And just last week, there’s been a marked momentum for sentencing reform in Congress. On Thursday, March 26, former Republican House speaker Newt Gingrich and a top Koch Industries executive joined the left-leaning Center for American Progress and the ACLU at a bipartisan criminal justice summit in Washington to work towards avoiding incarceration for nonviolent offenders.
US_government  US_legal_system  crime  criminal_justice  prisons  US_politics  technology  privacy 
april 2015 by dunnettreader
Emmanuelle de Champs - Enlightenment and Utility: Bentham in French, Bentham in France (to be released March 2015) | Ideas in Context series | Cambridge University Press
Jeremy Bentham (..) was a seminal figure in the history of modern political thought. This lively monograph presents the numerous French connections of an emblematic British thinker. (..) Placing Bentham's thought in the context of the French-language Enlightenment through to the post-Revolutionary era, (..) the case for a historical study of 'Global Bentham'. Examining previously unpublished sources, she traces the circulation of Bentham's letters, friends, manuscripts, and books in the French-speaking world. (..) transnational intellectual history reveals how utilitarianism, as a doctrine, was both the product of, and a contribution to, French-language political thought at a key time(..). The debates (re) utilitarianism in France cast new light on the making of modern Liberalism. **--** Intro **--** Part I. An Englishman in the Republic of Letters: 1. Languages of Enlightenment *-* 2. Satire and polemics *-* 3. Defining utilitarianism: private connections and correspondence **--** Part II. 'Projet d'un corps de loix complet' and the Reform of Jurisprudence in Europe: 4. The Genesis of Projet *-* 5. Projet in Enlightenment legal thought *-* 6. The politics of legal reform **--** Part III. Reflections for the Revolution in France: 7. Frenchmen and Francophiles: Lord Lansdowne's network *-* 8. British expertise for French legislators *-* 9. Utility, rights and revolution: missed encounters? **--** Part IV. Utile Dulcis? Bentham in Paris, 1802: 10. Dumont's editorship: from the Bibliothèque Britannique to Traités de législation civile et pénale *-* 11. A mixed reception *-* 12. Autumn 1802: Bentham in Paris **--** Part V. Liberty, Utility and Rights (1815–1832): 13. 'For one disciple in this country, I have 50 at least in France' *-* 14. Utilitarian arguments in French politics *-* 15. A Utilitarian moment? French liberals and utilitarianism *-* Epilogue: Bentham in the July Revolution *-* Conclusion -- marketing materials not yet available
books  find  intellectual_history  political_philosophy  political_economy  legal_theory  18thC  19thC  British_history  France  French_Enlightenment  Enlightenment  Bentham  utilitarianism  utility  reform-political  reform-social  reform-legal  reform-economic  jurisprudence  civil_code  Republic_of_Letters  networks-policy  networks-information  Anglo-French  British_foreign_policy  diplomats  diplomacy-environment  francophile  Landsdowne_Marquis_of  faction  British_politics  patrons  patronage  elite_culture  cross-border  cultural_history  cultural_influence  technical_assistance  criminal_justice  liberalism  rights-legal  rights-political  civil_law  civil_liberties  civil_society  French_Revolutionary_Wars  Peace_of_Amiens  Napoleonic_Wars  Restoration-France  bourgeoisie  July_Monarchy  legal_reasoning  positivism-legal 
february 2015 by dunnettreader
Filip Palda, A school in decline: In Chicago, economists honour Gary Becker | Financial Post | November 4, 2014
Too bad. Becker was far superior to his promoters and acolytes - same with Coase. An embarrassingly feeble celebration of the Becker-Friedman-Stigler counter-revolution of outsider genius rebels against "Keynesian hegemony" beginning in the 1950s. The take-away seems to have been that markets are efficient when left alone and that government programs will inevitably be defeated by either regulatory capture or clever, rational, forward-looking agents that will game the system to produce an unintended (often perverse) outcome. Ironically, the only big example chosen to illustrate how Becker's forays into other social sciences flummoxed left-wing by overturning their cherished worldview looks increasingly flimsy - treating criminals as rational calculating economic agents rather than victims of assorted "pathologies." The microeconomist "knows" that the key to behavioral change is to just get the incentives and prices right through adjusting levels and types of punishment or type and amount of policing. Unfortunately for this example of economic imperialism, It's now clear that the enormous increase in crime rates over decades, followed by an equally enormous decline, shows that macro effects of some, yet to be agreed upon, social factors simply swamped any of the micro concerns of Becker's rational calculating agents. That's not to suggest microfoundations were irrelevant, but it increasingly appears that individual behavior was affected by factors of precisely the opposite sort from those that would be involved in rational utility calculations - the environmental poisoning of children's neurological systems, especially in the segregated urban-industrial ghettos into which the black population was forced to live, that reduced the capacity for self-control and rational calculation, and increased impulsive, indeed irrational, aggressive behavior, too often violent crime. And as the amount of poisoning has declined, so too has irrational, impulsive violence. But despite the accumulating evidence of macro factors, we can expect for decades to come that micro textbooks and right-wing economists will be reciting the "lessons" Becker's approach has "taught" for designing social policy. Just as they "know" voluntary unemployment doesn't exist - only that the government must be interfering with the prices and market incentives. Pthew!
20thC  intellectual_history  economic_theory  social_theory  behavioral_economics  microeconomics  microfoundations  incentives  prices  markets_in_everything  crime  criminal_justice  Chicago_School 
january 2015 by dunnettreader
Donald E., Jr. Wilkes - Habeas Corpus Proceedings in the High Court of Parliament in the Reign of James I, 1603-1625 - 54 Am. J. Legal Hist. 200 (2014). :: SSRN
University of Georgia Law School -- This Article focuses on the parliamentary habeas corpus proceedings that occurred in the reign of James I (and)corrects several misunderstandings relating to the history of the writ of habeas corpus in England and to the history of the English Parliament (which in the 17thC commonly was referred to as the High Court of Parliament). Part I concerns the historical background and context -- What was the parliamentary privilege of freedom from arrest, the violation of which could lead to the granting of habeas corpus relief by the House of Lords or the House of Commons? What was the civil arrest system in effect in 17thC England which made it likely that from time to time the parliamentary privilege from arrest would be violated and the parliamentary habeas remedy thereupon invoked? What other remedies were available to deal with infringements of the parliamentary arrest privilege? And what were the contours of the parliamentary habeas corpus remedy itself, which appears not to have been successfully invoked prior to the reign of James I? Parts II and III conclusively demonstrate that in the reign of James I the High Court of Parliament at times functioned as the High Habeas Court of Parliament. Part II habeas corpus proceedings in the House of Lords and Part III in the House of Commons during the reign. The Article concludes with a detailed discussion of the three major changes this work mandates in our understanding of English legal history

Number of Pages in PDF File: 66

Keywords: habeas corpus, legal history, England, Parliament, House of Commons, House of Lords, High Court of Parliament, King James I,
paper  SSRN  legal_history  English_constitution  17thC  British_history  British_politics  James_I  Parliament  House_of_Commons  House_of_Lords  judiciary  criminal_justice  prerogative  Parliamentarians  downloaded  EF-add 
november 2014 by dunnettreader
Clive Holmes, review - (1) Joel Samaha, Law and Order in Historical Perspective: The Case of Elizabethan Essex and (2) A. Hassell Smith, County and Court: Government and Politics in Norfolk, 1558-1603 | JSTOR: The Journal of Modern History, Vol. 49, No. 3
Very useful discussion of the very different tales told re administrative efficiency of local government and judiciary in Elizabethan Norfolk and Essex. Particularly noteworthy was the factionalism that emerged after the fall of the Duke of Norfolk when Norfolk gentry fought for the various powers and control of patronage that had been monopolized by the Duke. The disappearance of the top status figure removed a key organizing part of the structure of ranks and status recognition, producing what sounds like a free-for-all vicious competition. Of course factions tried to develop court connections they could exploit. In addition to contributing local conflicts to central court confkicts, the central-local links also worked the other way. The Elizabethan government, frustrated by the variability and often poor quality of implementation by locals of central policies and concerns, including for security and defense, resorted to delegating particular matters to narrower groups than the overall county structures - e,.g. militia commissions and even letters patent. This selectivity would feed local factional competition. But the disputes fed back into conflicts at the central level in the latter part of Elizabeth's reign even Parliamentary constitutional debates challenging the prerogative to circumvent local government structures.
books  reviews  16thC  Elizabethan  British_history  British_politics  local_government  English_constitution  central_government  centralization  prerogative  judiciary  status  patronage  criminal_justice  bureaucracy  rationalization-institutions  state-building  faction  political_culture  elites  EF-add 
october 2014 by dunnettreader
Michael Sallah, Robert O’Harrow Jr., Steven Rich - 3-part WaPo Investigation: "Stop and Seize on America's highways" | The Washington Post September 2014
Part 1: In recent years, thousands of people have had cash confiscated by police without being charged with crimes. -- Part 2: One training firm started a private intelligence-sharing network and helped shape law enforcement nationwide. -- Part 3: Motorists caught up in the seizures talk about the experience and the legal battles that sometimes took more than a year. **--** After the terror attacks on 9/11, the government called on police to become the eyes and ears of homeland security on America’s highways. Local officers, county deputies and state troopers were encouraged to act more aggressively in searching for suspicious people, drugs and other contraband. Dept Homeland Security and DOJ spent millions on police training. The effort succeeded, but it had an impact that has been largely hidden from public view: the spread of an aggressive brand of policing that has spurred the seizure of $100s millions in cash from motorists and others not charged with crimes. Thousands of people have been forced to fight legal battles to get their money back. Behind the rise in seizures is a cottage industry of private police-training firms that teach the techniques of “highway interdiction” to departments across the country. One firm created a private intelligence network that enabled police nationwide to share detailed reports about motorists — criminals and the innocent alike — including their Social Security numbers, addresses and identifying tattoos, as well as hunches about which drivers to stop. Many of the reports have been funneled to federal agencies and fusion centers as part of the government’s burgeoning law enforcement intelligence systems — despite warnings from state and federal authorities that the information could violate privacy and constitutional protections. A thriving subculture of road officers on the network now competes to see who can seize the most cash and contraband, describing their exploits in the network’s chat rooms and sharing “trophy shots” of money and drugs. Some police advocate highway interdiction as a way of raising revenue for cash-strapped municipalities.
US_society  US_constitution  US_foreign_policy  US_legal_system  US_politics-race  national_security  judiciary  local_government  state_government  government_finance  police  privacy  networks-information  power-asymmetric  abuse_of_power  public-private_partnerships  crime  criminal_justice  civil_liberties  terrorism  due_process  property-confiscations  intelligence_agencies  militarization-society  incentives  civil_society  governmentality  government_officials  authoritarian  EF-add 
september 2014 by dunnettreader
Historical Background - Reformation of Manners Campaigns - London Lives
Contents - The First Societies, 1690-1738 *--* 1757-63 Society *--* Opposition to Informers and Reforming Constables. *--* Legal Opposition. *--* The Proclamation Society, 1787. *--* Exemplary Lives. *--* Introductory Reading & Footnotes. -- Largely reliant on private prosecutions, the early modern criminal justice system did not facilitate the prosecution of large numbers of victimless offences such as immorality and irreligion. But despite increasing religious toleration, England in the 18thC remained a strongly Protestant country, and many people were offended by public displays of sin, not least because it was thought that such conduct led sinners down a slippery slope of increasingly criminal conduct which would lead inevitably to the gallows. The 18thC was the first great age of voluntary societies, and concerns about vice led to the formation, over the course of the century, of successive societies which aimed to suppress immorality. While members sought to promote reform through persuasion, in sermons and through the distribution of printed literature, they saw the need for coercion as well. With the Church Courts in decline, the reformers turned to the criminal justice system. Their methods attracted significant opposition, however, and the reformers frequently found themselves at the receiving end of often vexatious litigation aimed at undermining their activities. Ultimately, attempts to use the law to promote a reformation of manners were frustrated by a combination of both legal and popular opposition. The records included in this website provide evidence of both the reformers' activities and the opposition they engender.
website  18thC  British_history  British_politics  reformation_of_manners  1690s  legal_system  judiciary  crime  criminal_justice  gin_craze  Parliament  Church_of_England  church_courts  lower_orders  London  police  parish  litigation  evidence  immorality  prostitution  local_government  religious_lit  social_history  cultural_history  bibliography  EF-add 
july 2014 by dunnettreader
Josephine Sandler Nelson - "CORPORATE CONSPIRACY: HOW NOT CALLING A CONSPIRACY A CONSPIRACY IS WARPING THE LAW ON CORPORATE WRONGDOING" | Cornell Journal of Law and Public Policy 24.2 (2015) - bepress
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy. Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools. The most obvious and tested tool would be to roll back the intracorporate conspiracy doctrine. In the absence of this solution, frustration with applying the doctrine has led to over-reliance on alternative methods of holding agents of enterprises responsible for their actions -- piercing the corporate veil, responsible corporate officer doctrine, and unusual approaches such as denying “retroactive” imposition of the corporate veil and adopting “reverse” piercings of the corporate veil. But these doctrines were fundamentally developed in and adapted to other circumstances. They do not take into account the coordination of actions within an enterprise and the unique nature of conspiracy that fall—and should fall—into the heart of behavior that would trigger liability if not for the intracorporate conspiracy doctrine. Using alternative doctrines to impose liability on behavior that would otherwise be recognized as intracorporate conspiracy results in inconsistent decisions and disproportionate awards. -- downloaded pdf to Note
article  legal_theory  corporations  corporate_law  liability  accountability  crime  criminal_justice  financial_regulation  torts  downloaded  EF-add 
july 2014 by dunnettreader
Cesare Bonesana di Beccaria, An Essay on Crimes and Punishments... With a Commentary by M. de Voltaire - Online Library of Liberty
Cesare Bonesana di Beccaria, An Essay on Crimes and Punishments. By the Marquis Beccaria of Milan. With a Commentary by M. de Voltaire. A New Edition Corrected. (Albany: W.C. Little & Co., 1872). 07/11/2014. <http://oll.libertyfund.org/titles/2193> -- An extremely influential Enlightenment treatise on legal reform in which Beccaria advocates the ending of torture and the death penalty. The book also contains a lengthy commentary by Voltaire which is an indication of high highly French enlightened thinkers regarded the work.
books  etexts  18thC  intellectual_history  Enlightenment  French_Enlightenment  Beccaria  Voltaire  crime  criminal_justice  punishment  torture  capital_punishment  treason  heresy  tolerance  authority  church_courts  legal_history  legal_system  Absolutism  authoritarian  tyranny  reform-political  reform-legal  social_sciences  social_order  EF-add 
july 2014 by dunnettreader
Katrina Navickas, review - Ian Haywood, John Seed,eds., The Gordon Riots: Politics, Culture and Insurrection in Late Eighteenth-Century Britain (2012) | IHR Reviews in History
Reviewer: Dr Katrina Navickas, University of Hertfordshire -- Ian Haywood and John Seed’s volume of essays fills a significant gap in the historiography of popular protest in the 18th century. There has been little in-depth research into the Gordon Riots since George Rude’s influential analyses in the 1960s. This lack of new research seems even more anomalous given the recent revival of interest in the politics of riot in the 18th century. So why has it taken until now? One reason is because the Gordon riots have always been an awkward topic. They do not fit into the classic narrative of landmark events in Whig/radical/Marxist/labour history. The power of the crowd during the American Revolution is generally presumed to be for the good, for progress and democracy, and not for reaction and religious hatred. Scholars on the left have shared an assumption – and indeed sometimes a desire to believe – that violent anti-Catholicism was a feature of the turmoils of the 17th century, not the tolerant Augustan and Enlightened Britain of the late 18th century. Rudé and E. P. Thompson offered a more nuanced view of the ‘faces in the crowd’, showing how the riots ‘had a political logic rooted in popular economic and social grievances’. A couple of decades ago, Nicholas Rogers and Kathleen Wilson further unpicked the socio-economic factors contributing to the events of June 1780. Nevertheless, the riots have been generally regarded as an anomaly in the national story of progress. - still expensive and not kindle-available
books  reviews  historiography  revisionism  18thC  British_history  British_politics  London  social_history  politics-and-religion  Gordon_Riots  riots  popular_politics  popular_culture  public_disorder  lower_orders  criminal_justice  crowds  anti-Catholic  popery  Test_and_Corporation_Acts  religious_culture  moral_economy  protests  tolerance  Catholic_emancipation  Catholics-England  EF-add 
june 2014 by dunnettreader
Lord Byron's Speech - debate in the House of Lords - 1812 Frame Breaking Act
This speech was given by Lord Byron in the debate in the House of Lords on the 1812 Frame Breaking Act. A week later, in a letter to a friend Byron wrote, “I spoke very violent sentences with a sort of modest impudence, abused everything and everybody, put the Lord Chancellor very much out of humour, and if I may believe what I hear, have not lost any character in the experiment”.
etexts  British_history  British_politics  economic_history  social_history  19thC  Industrial_Revolution  technology  Labor_markets  poverty  unemployment  Byron  lower_orders  criminal_justice  judiciary  Parliament  House_of_Lords  George_III  Napoleonic_Wars 
march 2014 by dunnettreader

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