During the eighteenth century English defendants, victims, witnesses, judges, and jurors spoke a language of the mind. With their reputations or lives at stake, men and women presented their complex emotions and passions as grounds for acquittal or mitigation of punishment. Inside the courtroom the language of excuse reshaped crimes and punishments, signalling a shift in the age-old negotiation of mitigation. Outside the courtroom the language of the mind reflected society's preoccupation with questions of sensibility, responsibility, and the self.

What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

Honour, Violence and Emotions in History is the first book to draw on emerging cross-disciplinary scholarship on the study of emotions to analyse the history of honour and violence across a broad range of cultures and regions. Written by leading cultural and social historians from around the world, the book considers how emotions - particularly shame, anger, disgust, jealousy, despair and fear - have been provoked and expressed through culturally-embedded and historically specific understandings of honour. The collection explores a range of contexts, from 17th-century China to 18th-century South Africa and 20th-century Europe, offering a broad and wide-ranging analysis of the interrelationships between honour, violence and emotions in history. This ground-breaking book will be of interest to all researchers studying the relationship between violence and the emotions.

NAMED ONE OF THE BEST BOOKS OF 2018 BY THE SAN FRANCISCO CHRONICLE AND SMITHSONIAN MAGAZINE By a prize-winning young historian, an authoritative work that reframes the Industrial Revolution, the expansion of British empire, and emergence of industrial capitalism by presenting them as inextricable from the gun trade "A fascinating and important glimpse into how violence fueled the industrial revolution, Priya Satia's book stuns with deep scholarship and sparkling prose."--Siddhartha Mukherjee, Pulitzer Prize-winning author of The Emperor of All Maladies We have long understood the Industrial Revolution as a triumphant story of innovation and technology. Empire of Guns, a rich and ambitious new book by award-winning historian Priya Satia, upends this conventional wisdom by placing war and Britain's prosperous gun trade at the heart of the Industrial Revolution and the state's imperial expansion. Satia brings to life this bustling industrial society with the story of a scandal: Samuel Galton of Birmingham, one of Britain's most prominent gunmakers, has been condemned by his fellow Quakers, who argue that his profession violates the society's pacifist principles. In his fervent self-defense, Galton argues that the state's heavy reliance on industry for all of its war needs means that every member of the British industrial economy is implicated in Britain's near-constant state of war. Empire of Guns uses the story of Galton and the gun trade, from Birmingham to the outermost edges of the British empire, to illuminate the nation's emergence as a global superpower, the roots of the state's role in economic development, and the origins of our era's debates about gun control and the "military-industrial complex" -- that thorny partnership of government, the economy, and the military. Through Satia's eyes, we acquire a radically new understanding of this critical historical moment and all that followed from it. Sweeping in its scope and entirely original in its approach, Empire of Guns is a masterful new work of history -- a rigorous historical argument with a human story at its heart.

Drawing on a wide range of sources including interdiction procedures, records of criminal justice, documentation from mental hospitals, and medical literature, this book provides a comprehensive study of the spaces in which madness was recorded in Tuscany during the eighteenth century. It proposes the notion of itineraries of madness, which, intended as an heuristic device, enables us to examine records of madness across the different spaces where it was disclosed, casting light on the connections between how madness was understood and experienced, the language employed to describe it, and public and private responses devised to cope with it. Placing the emotional experience of the Tuscan families at the core of its analysis, this book stresses the central role of families in the shaping of new understandings of madness and how lay notions interacted with legal and medical knowledge. It argues that perceptions of madness in the eighteenth century were closely connected to new cultural concerns regarding family relationships and family roles, which resulted in a shift in the meanings of and attitudes to mental disturbances.

“Detailed courtroom narratives . . . give us a colorful and gripping sense of the life-and-death maneuvers involved in mounting an insanity defense.” —Andrew Scull, author of Madness in Civilization Shortly before she pushed her infant daughter headfirst into a bucket of water and fastened the lid, Annie Cherry warmed the pail because, as she later explained to a police officer, “It would have been cruel to put her in cold water.” Afterwards, this mother sat down and poured herself a cup of tea. At Cherry’s trial at the Old Bailey in 1877, Henry Charlton Bastian, physician to the National Hospital for the Paralyzed and Epileptic, focused his testimony on her preternatural calm following the drowning. Like many other late Victorian medical men, Bastian believed that the mother’s act and her subsequent behavior indicated homicidal mania, a novel species of madness that challenged the law’s criterion for assigning criminal culpability. How did Dr. Bastian and his cohort of London’s physicians, surgeons, and apothecaries—originally known as “mad-doctors”—arrive at such an innovative diagnosis, and how did they defend it in court? Mad-Doctors in the Dock is a sophisticated exploration of the history of the insanity defense in the English courtroom from the middle of the eighteenth century to the early twentieth century. Joel Peter Eigen examines courtroom testimony offered in nearly 1,000insanity trials, transporting us into the world of psychiatric diagnosis and criminal justice. The first comprehensive account of how medical insight and folk psychology met in the courtroom, this book makes clear the tragedy of the crimes, the spectacle of the trials, and the consequences of the diagnosis for the emerging field of forensic psychiatry.

This book combines the approaches of history and criminology to study parricide and non-fatal violence against parents from across traditional period and geographical boundaries, encompassing research on Asia as well as Europe and North America. Parricide and non-fatal violence against parents are rare but significant forms of family violence. They have been perceived to be a recent phenomenon related to bad parenting and child abuse often in poorer socioeconomic circumstances – yet they have a history, which provides insights for modern-day explanation and intervention. Research on violence against parents has concentrated on child abuse and mental illness but, by using a rich array of primary and secondary documents, such as court cases, criminal statistics, newspaper reports, and legal and medical literature, this book shows that violence against parents is also shaped by conflicts related to parental authority, the rise of children’s rights, conflicting economic and emotional expectations, and other sociohistorical factors.

The period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the “long 18th century” (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

This book explores the ways which people navigated the emotions provoked by the mad in Britain across the long eighteenth century. Building upon recent advances in the historical study of emotions, it plots the evolution of attitudes towards insanity, and considers how shifting emotional norms influenced the development of a ‘humanitarian’ temperament, which drove the earliest movements for psychiatric reform in England and Scotland. Reacting to a ‘culture of sensibility’, which encouraged tears at the sight of tender suffering, early asylum reformers chose instead to express their humanity through unflinching resolve, charging into madhouses to contemplate scenes of misery usually hidden from public view, and confronting the authorities that enabled neglect to flourish. This intervention required careful emotional management, which is documented comprehensively here for the first time. Drawing upon a wide array of medical and literary sources, this book provides invaluable insights into pre-modern attitudes towards insanity.

Presenting cutting-edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility. Inviting exchanges across a burgeoning critical scholarship on criminal responsibility, this Handbook showcases the diverse range of methodologies applied to the field, including socio-political approaches, critical historical methods, criminological and sociological perspectives, and interdisciplinary studies bridging law and the mind sciences. Spanning global networks of established and emerging scholars of responsibility for crime, this book explores how we relate to one another as human beings under the spotlight of the criminal law. In doing so, it is hoped that the collection not only does justice to the vibrant landscape of criminal responsibility studies, but inspires new directions and future synergies in this compelling field. The Routledge International Handbook of Criminal Responsibility will appeal to scholars and students of criminal law, criminal justice, criminology, sociology, psychology, neuroscience, philosophy, and socio-legal studies, as well as practitioners and policymakers working in related fields.