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Sapsford Law, class and control Stuart Hall and Phil Scraton Index 14 15 16 17 18 19 20 Acknowledgments The Open University and the publishers would like to thank the following for permission to reproduce copyright material.

Crime and Society

All possible care has been taken to trace ownership of the selections included and to make full acknowledgment for their use. Reading 1 Douglas Hay, Storch, General introduction Traditionally, criminology has been dominated by the twin concerns of locating the causes of crime in the individual and of attempting to improve the operational effectiveness of the criminal justice system.

But some of the most recent and valuable studies of crime have sought to move considerably beyond these narrow concerns, and raise questions not only about crime and crime control but also about the social and historical structures within which they are located. In producing this set of readings and in constructing the Open University course Crime, Justice and Society for which this volume is the Course Reader we have tried to reflect this movement.

The book therefore has a rather unusual format, combining theory and history, sociology and psychology. Part I is a selection from some of the most interesting historical work on crime and crime control.

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Apart from the historical insights which these readings display, the issues they raiseabout law, ideology, policing, delinquencyremain of central importance today. In Part II, we outline and assess major sociological and psychological approaches to crime, attempting to make explicit the theoretical paradigms which underlie and cut across the different disciplines. In putting this book together, we recognize that we have been unable not least because of the constraints of space to cover every aspect of criminology.

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We decided to focus on history and theory, with particular reference to Britain. Thus we have not included cross-cultural and comparative material, nor have we described and analysed the contemporary criminal justice system, and the controversies surrounding it. These are covered elsewhere in the Open University course. Although the book is intended, in the first instance, for Open University students, we believe that it provides a new point of departure for introducing criminology.

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The use of an forster co- ax single stage press stock selection of this kind reflects the need to supply the historical dimension to problems of crime and societya dimension which has often been lacking in criminological analysis.

The study of past patterns of crime and control is interesting in its own right, but forster co- ax single stage press stock enhances consideration of contemporary issues. There are two aspects to the uses of history in this context. First, by focusing on particular sociohistorical contexts, we are struck by the fact that definitions of law, crime and punishment change according to economic and ideological circumstances.

It is often pointed out, for example, how feudal legal relations based on fixed status and residence were adapted to meet the demands of a new social system requiring a free mobile labour force J. Second, a historical forster co- ax single stage press stock guards against the impression that features of lawbreaking, policing or punishment are either entirely new, or, conversely, remain unchanged.

Instances of hooliganism, crime waves and threats to public order in the historical literature can be placed alongside frequent journalistic panics about moral degeneration today.

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Similarly, a historical perspective helps to make us aware, for example, that questions of the nature and extent of police powers, far from being only a contemporary issue, have been present as a major topic of debate and disagreement since the formation of the police force itself.

The permanently close but shifting relation between political and criminal illegality is itself of central importance to both historians and criminologists. Our readings deal with the eighteenth and nineteenth centuries, and are limited to British predominantly English examples. The idea here is to provide indispensable backgroundmaterial for general issues rather than to illustrate a chronological or evolutionary sequence.

The sections are therefore organized on a thematic basis.

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The first group of readings highlights the relationship between judicial ideologies and economic development. In eighteenth-century Britain there was a remarkable increase in the number of statutes which dealt with offences against private property, and which carried the death penalty. But the mechanisms of punishment were dramatically arbitrary.

Annak ellenére, hogy az egyes országokban és ugyanazon ország különböző régióiban beszélik a különböző angol nyelvjárásokataz angol helyesírásban csak kis regionális eltérések vannaka két legjelentősebb változat a brit és az amerikai helyesírás. Számos különbség az amerikai és a brit angol között a helyesírási szabványok kidolgozása előtt nyúlik vissza.

The dispensation of the law rested as much on the power and mercy of the judges themselves vadász francia találkozó honlapján on the formal requirements of the new relations of capitalist ownership. Douglas Hays article, taken from the influential collection on the eighteenth century, Albions Fatal Tree, cogently summarizes and interprets the complex interplay of coercion, ritual and justice in pre-industrial capitalism.

Hays piece is balanced by the reading from Brewers and Styless book An Ungovernable People, which emphasizes the reactions of the popular classes to the controls of what E.

Thompson has termed patrician society. These plebeian responses ranged from cautious deference to turbulent resistance to the process by which customary economic and cultural practices were criminalized. Finally in this section, Michael Ignatieff discusses the competing strategies for prison reform in the late eighteenth century. He definitively points up the contradictory elements in the reformers conception of scientific punishment and social discipline.

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The second set of readings centres on the formation and development of the police. In the s, new procedures of crime control were created, and Michael Weisser has argued that the method devised for dealing with political criminals was forster co- ax single stage press stock police Crime and Punishment in Early Modern Europe.

Harvester Press,p. This argument may be right, but it does not bring out the paradox that, even thenand certainly todaythe police best fulfil this function when their main concern is seen to be the control of non-political offences.

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To view the police as direct participants in class struggle rather than detectors of the criminal fraternity is often thought to be itself an ideological interpretation of their function. Our readings here suggest otherwise; but they also indicate that there need be no contradiction between the civil and political functions of the police. In the views of nineteenth-century observers, at least, there was a direct connection between policing the criminally dangerous, and dealing with political opposition to the social system.

The reading from Radzinowicz illustrates the different strands of thinking about the role of the New Police, while Storch and Cohen who deals with a considerably later period describe the quasi-political effects of policing working-class communities.

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In sharp contrast, the employing class were inspected rather than policed. The extract from Carson is appropriate here because it shows the failure of entrepreneurs to fulfil legal obligations in one central case: the Factory Acts. However, these failings were regarded as misdemeanours rather than crimes, and consequently employers were encouraged to reform, but were not prosecuted. The image of the teeming industrial city, its hidden abysses and criminal areas, has fascinated observers for the best part of two centuries.

On the one hand, this imagery expressed a growing Victorian concern about the apparent and lawless separation of the dangerous class from respectable and industrious workers. Henry Mayhew was the first and most impressive recorder of the sunken classes, and our extracts from London Labour and the London Poor 4 vols, written illustrate the widely held notion of specifically criminal areas. The readings also include a description of particular social groups which engaged in irregular economies and unrespectable cultural activities.

Gareth Flört ogén Joness account of outcast London centres on the last quarter of the nineteenth century.

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The perceptions and strategies of those seeking the moral reform of the human residuum are analysed by him in terms of several interrelated social factors: the residential segregation of classes, the casual labour market, and the return of political class conflict in the s. Throughout this suggestive piece, the tangible but uneven relationship of social conditions to poverty, crime and disorder is apparent.

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The final section in this part takes up the isolation of youth as a particular category of offenders. Mayhew once more provides a vivid illustration of London street life in his description of child street-sellers, vagrants and forster co- ax single stage press stock. In particular we can see how their attempts to maintain a subsistence level of existence were subjected to processes of criminalization. Pinchbecks and Hewitts account of major legislative landmarks in juvenile justice throughout the nineteenth century highlights the contemporary dilemma of whether to control the problem of delinquency by punitive or reformative methods.

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The recent proposal to mete out short, sharp shocks to criminalized youth can indeed be seen, in its combination of retributive and moralistic motives, as but a further stage in the logic of this development.

It has not been possible to include articles on the regulation of poverty the Poor Law, for example or on the profound changes in popular leisure which exercised the police for several decades. Such material is highly relevant to apparently narrower questions of criminal subcultures and conceptions of legal and moral discipline. If a historical perspective assists a sharper analytical perspective on contemporary events, that is justification enough for a substantial history section in a Reader of this kind.

Finally, we should repeat that while a flirt vertal spaans and historical perspective on crime is encouraged here, our material is restricted to modern British society.

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Law and Ideology 1 Property, authority and the criminal law Douglas Hay [] All men of property knew that judges, justices and juries had to be chosen from their own ranks. The jury, the supposed guarantee that an Englishman would be tried by his equals, had a sharp property qualification. The reason, simply put, was that the common Englishman could not be trusted to share in the operation of the law. A panel of the poor would not convict a labourer who stole wood from a lords park, a sheep from a farmers fold, or corn from a merchants yard.

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As Gisborne pointed out, even as witnesses many of the common people are found to make use of a very blameable latitude in their interpretation of the ninth commandment; and think that they are guilty of no breach of it in deviating, though upon oath, from strict truth, in favour of the party accused.

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