The essays in Communities and Courts in Britain, 1150-1900 all reflect the wider concept of legal history - how legal processes fitted into the social and political life of the community and how courts and other legal processes were used by contemporaries. In doing so they aim both to justify the study of legal history in its own right and to show how legal records, including those of a variety of central and local courts, can be used to further our understanding of a wide range of social, commercial, popular and political history.

Analyses how bankruptcy was litigated within the court to gain a more nuanced understanding of early modern bankruptcy. This book examines cases involving bankruptcy brought before the court of Chancery - a court of equity which dealt with civil disputes - between 1674 and 1750. It uncovers the numerous meanings attached to financial failure in early modern England. In its simplest sense, personal financial failure occurred when an individual defaulted on their debts. Because they had not fulfilled their responsibilities and behaved in a trustworthy and credible manner, bankrupt individuals were seen to be immoral. And yet bankruptcy was linked to wider notions of credibility, trustworthiness, and morality. Financial failure was described and debated not just in economic terms, but came to rely on a combination of social, community, and religious values. Bankruptcy cases involved an interconnected network of indebtedness, often including relatives, neighbours, and traders from the local community. As such, conceptions of failure implicated individuals beyond just the bankrupt. As people began to look back and appraise the actions and words of those involved in trade, a far wider network of creditors, debtors, and middlemen were blamed for the knock-on effect of an individual failure. Ultimately, the book investigates the negative aspects of early modern trade networks and the active role of the court when such networks broke down, providing unique access to contemporary understandings of what was considered right and wrong, honourable and deceitful, and criminal and compassionate within the moral landscape of debt recovery during the seventeenth and eighteenth centuries.

Unlike most other studies of illegitimacy, Frost's book concentrates on the late-Victorian period and the early twentieth century, and takes the child's point of view rather than that of the mother or of 'child-saving' groups.

Sheriffs were among the most important local office-holders in early modern England. They were generalist officers of the king responsible for executing legal process, holding local courts, empanelling juries, making arrests, executing criminals, collecting royal revenue, holding parliamentary elections, and many other vital duties. Although sheriffs have a cameo role in virtually every book about early modern England, the precise nature of their work has remained something of a mystery. The Tudor Sheriff offers the first comprehensive analysis of the shrieval system between 1485 and 1603. It demonstrates that this system was not abandoned to decay in the Tudor period, but was effectively reformed to ensure its continued relevance. Jonathan McGovern shows that sheriffs were not in competition with other branches of local government, such as the Lords Lieutenant and justices of the peace, but rather cooperated effectively with them. Since the office of sheriff was closely related to every other branch of government, a study of the sheriff is also a study of English government at work.

'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

Shortlisted for the 2015 Katharine Briggs Award This is a study of law, wrongdoing and justice as conceived in the minds of the ordinary people of England and Wales from the later eighteenth century to the First World War. Official justice was to become increasingly centralised with declining traditional courts, emerging professional policing and a new prison estate. However, popular concepts of what was, or should be, contained within the law were often at variance with its formal written content. Communities continued to hold mock courts, stage shaming processions and burn effigies of wrongdoers. The author investigates those justice rituals, the actors, the victims and the offences that occasioned them. He also considers the role such practices played in resistive communities trying to preserve their identity and assert their independence. Finally, whilst documenting the decline of popular justice traditions this book demonstrates that they were nevertheless important in bequeathing a powerful set of symbols and practices to the nascent labour movement. This book will be of interest to scholars and students of legal history and criminal justice as well as social and cultural history in what could be considered a very long nineteenth century. Stephen Banks is an associate professor in criminal law, criminal justice and legal history at the University of Reading, co-director of the Forum for Legal and Historical Research and author of A Polite Exchange of Bullets: The Duel and the English Gentleman, 1750-1850 (The Boydell Press, 2010).

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

This ambitious book, newly available in paperback, examines the encounter between Gaels and Europeans in Scotland in the central Middle Ages, offering new insights into an important period in the formation of the Scots' national identity. It is based on a close reading of the texts of several thousand charters, indentures, brieves and other written sources that record the business conducted in royal and baronial courts across the length and breadth of the medieval kingdom between 1150 and 1400.Under the broad themes of land, law and people, this book explores how the customs, laws and traditions of the native inhabitants and those of incoming settlers interacted and influenced each other. Drawing on a range of theoretical and methodological approaches, the author places her subject matter firmly within the recent historiography of the British Isles and demonstrates how the experience of Scotland was both similar to, and a distinct manifestation of, a wider process of Europeanisation.

This book is the first major study of courtship in early modern England. Courtship was a vitally important process in early modern England. It was a period of private and public negotiation, often fraught with anxiety. If completed successfully it brought respectability, the privileges of marriage and adulthood, and a stable union between socially, economically, and emotionally compatible couples. Using Kent church court and probate material dating from the 15th to the end of the 16th century, the book blends historical and anthropological perspectives to suggest novel and exciting approaches to the making of marriage.

Popular belief holds that throwing the contents of a chamber pot into the street was a common occurrence during the early modern period. This book challenges this deeply entrenched stereotypical image as the majority of urban inhabitants and their local governors alike valued clean outdoor public spaces, vesting interest in keeping the areas in which they lived and worked clean. Taking an extensive tour of over thirty towns and cities across early modern Britain, focusing on Edinburgh and York as in-depth case studies, this book sheds light on the complex relationship between how governors organised street cleaning, managed waste disposal and regulated the cleanliness of the outdoor environment, top-down, and how typical urban inhabitants self-regulated their neighbourhoods, bottom-up. The urban-rural manure trade, sanitation infrastructure, waste-disposal technology, plague epidemics, contemporary understandings of malodours and miasmatic disease transmission and urban agriculture are also analysed. This book will enable undergraduates, postgraduates and established academics to deepen their understanding of daily life and sensory experiences in the early modern British town. This innovative work will appeal to social, cultural and legal historians as well as researchers of history of medicine and public health.