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Journal articles on the topic 'Poor laws – england – history'

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Published: 25 July 2024

Last updated: 31 July 2024

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1

Jones, Peter. "The New Poor Laws in Scotland, England and Wales: Comparative Perspectives." Local Population Studies, no. 99 (December 31, 2017): 31–41. http://dx.doi.org/10.35488/lps99.2017.31.

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This article focuses on a seemingly obvious but largely overlooked question in the historiography of British welfare: what are the merits of, and the obstacles to, a serious comparative study of the poor laws in the constituent countries of mainland Britain? It first considers the wider context for such a question in relation to European welfare history, then discusses the broad historiographical trends for each country in relation to two key areas of the welfare debate: how far the intentions of the central Poor Law authorities were reflected in local practice, and the ability of paupers themselves to shape or influence their own experience of relief at the local level. It makes some key observations about the ways in which 'national narratives' of welfare have developed for Scotland, England and Wales in the past, and how these have shaped our view of the relationship between them, and finally suggests avenues for future research.

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2

SHAVE, SAMANTHA A. "THE IMPACT OF STURGES BOURNE'S POOR LAW REFORMS IN RURAL ENGLAND." Historical Journal 56, no. 2 (May 3, 2013): 399–429. http://dx.doi.org/10.1017/s0018246x13000034.

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ABSTRACTEngland was blighted by frequent agricultural depressions in the late eighteenth and early nineteenth centuries. Recurrent crises brought poor law reform to the parliamentary agenda and led to the passage of two non-compulsory pieces of legislation, Sturges Bourne's Acts of 1818 and 1819. These permissory acts allowed parishes to ‘tighten up’ the distribution of poor relief through two vital tools: the formation of select vestries, and the appointment of waged assistant overseers. Whilst previous studies have tended to represent the legislation as a failing reform in the dying days of the old poor law, we know remarkably little about the relief practices deployed by parishes operating under the auspices of Sturges Bourne's Acts. This article starts by detailing the genesis of the reforms before considering the provisions of the acts and their rates of adoption in rural England. Focusing upon administrative records from Wessex and West Sussex, the article proceeds to examine the inspection of relief claimants, and judgments made as to their ‘character and conduct’; the general measures taken to reduce outdoor relief; and their alternative strategies for allocating relief. It is argued that the reforms re-drew the distinction between ‘deserving’ and ‘undeserving’ poor, ultimately changing individuals' and families' entitlement to relief under the old poor laws.

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3

Eastwood, David. "Rethinking the Debates on the Poor Law in Early Nineteenth-Century England." Utilitas 6, no. 1 (May 1994): 97–116. http://dx.doi.org/10.1017/s0953820800001357.

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One of the more interesting developments in recent historical writing has been a reconsideration of the debates over poor law reform. In the sharply-demarcated world of post-war scholarship, the poor law fell clearly, if somewhat problematically, into the domain of social history. For obvious contemporary reasons, post-war social history devoted a good deal of scholarly energy to constructing a history of social policy. Much of this work was problematized in terms of the then orthodox agenda of the welfare state. The dominant questions concerned modes of assessing entitlements, mechanisms for delivering welfare, and the bureaucratic characteristics of the old and new poor laws. Despite its considerable empirical merits, this kind of social history was inhibited by its methodological and problematic certainties. To a large extent this was a social history which defined itselfagainsttraditional political history, offering a narrative of social policy formation which, whilst not eliminating political processes from its account, tended to marginalize their normative significance. One extreme formulation was Sydney Checkland's ‘socially innocent state’. Here the loss of ‘social innocence’ on the part of the British state is evaluated directly in terms of its willingness to develop the kind of social agenda and administrative machinery characteristic of modern wellfarism. For Checkland in particular, social policy was conceived almost exclusively in terms of state-driven programmes of ‘social improvement’. The old poor law, with its pattern of local management, discretionary administration, and paternalist social vision flatly contracted the statutorily-articulated welfarism which Checkland took to be axiomatic to a coherently-conceived social policy. In terms of statutory authority and administrative machinery, Checkland saw the new poor law as a critical move towards a more coherently-constructed state social policy.

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4

Landau, Norma. "The Regulation of Immigration, Economic Structures and Definitions of the Poor in Eighteenth-Century England." Historical Journal 33, no. 3 (September 1990): 541–71. http://dx.doi.org/10.1017/s0018246x00013522.

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In the eighteenth century, parish officers used the laws of settlement to regulate the immigration of the poor to their parishes. Their regulation went well beyond ridding their parishes of indigent immigrants. Parish officers monitored the immigration of the non-indigent poor; they insured that their parishes acquired the documents which guaranteed that a poor immigrant would not become the responsibility of the parish to which he had immigrated; and they even removed non-indigent immigrants from their parishes, using their parishes' funds to pay for sending these immigrants back to the parishes which were legally responsible for their welfare.1 To the modern observer, such regulation of migration from one parish to another may seem odd, so odd that some historians have assumed that this regulatory activity did not occur.2 Obviously, then, the parishes' regulation of immigration was part of a world now lost. Regulation of immigration by parish officers disappeared in 1795, when parliament abolished the legal foundations for this practice.3 In detective stories, discovery of the circumstances and implications of a disappearance reveals the structure of the world in which it occurred. So may it be with the regulation of immigration.

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5

Rothery, Karen. "The Power of Personality in the Operation of the New Poor Law." Genealogy 4, no. 1 (January 20, 2020): 11. http://dx.doi.org/10.3390/genealogy4010011.

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For many years, historians focused on the institutional aspects of the poor laws and the power vested in the central authorities; more recently, the experience of the poor themselves has been at the heart of academic study. This article looks at a third group: those who exercised power and influence in delivering poor law policy at a local level and specifically how certain individuals with strong personalities administered or disrupted what was heralded as a uniform and centrally controlled system. Based on an in-depth local history study on the development of the poor law unions in the county of Hertfordshire, England, this paper will look in detail at the contribution made by specific individuals during the early years of the new poor law and consider how they influenced poor law policy and practice. It will argue that personal contributions made a difference to the operation of the poor laws and that the personality of certain poor law officials had the potential to influence the central authorities, which has not been fully recognised. This research supports the argument that the new poor law was regionally diverse and provides new evidence to suggest that the power of local personnel to influence poor law policy contributed to that diversity and should not be overlooked.

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6

Musiewicz, Piotr. "Krytyka nowego prawa o ubogich w ujęciu ruchu oksfordzkiego (1833‑1845)." Politeja 15, no. 55 (May 22, 2019): 57–75. http://dx.doi.org/10.12797/politeja.15.2018.55.04.

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The Oxford Movement’s Critique of the Poor Law Amendment ActThe paper presents a short history of poor laws in England and Great Britain, the content and justifications of the Poor Law Amendment Act (1834), general characteristics of the Oxford Movement and its main political ideas, the state of contemporary research on the topic, and finally the Movement’s approach to the new Poor Law. This approach – the Oxford Movement’s critique – has been reconstructed into three main groups of arguments. In the first group there are arguments pointing out why a state’s responsibility, and state-organised system of poor relief, is to be irrelevant and why the Church should play a far greater role in this field. The second group of arguments underlines the impracticality of centralisation in the system and proposes the major role of the local units in poor relief, as well as more ‘personal’ approach to the poor, also by reforming workhouses. The third group of arguments undermines the liberal (and Puritan) idea of solely individual responsibility for one’s poverty and destitution – an idea underlying the new Poor Law.

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7

Tycko, Sonia. "The Legality of Prisoner of War Labour In England, 1648–1655*." Past & Present 246, no. 1 (January 3, 2020): 35–68. http://dx.doi.org/10.1093/pastj/gtz031.

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Abstract Prisoners of war formed a legally distinct category amongst the many thousands of people forcibly employed in England and the English American colonies in the mid-seventeenth century, but they have yet to be studied as such. Focusing on 1648 to 1655, this article explains how a succession of English governments sent their war captives into servitude with private masters despite the prohibition of hard labour for Christian prisoners in the customary laws of war. They instead operated under the logic of the English poor law, in which the indigent could meaningfully consent to serve a master even while under duress. The case of Scottish and Dutch prisoners of war in the Bedford Level fen drainage project shows how the Council of State and the drainage company board members conceptualized common prisoners as willing workmen. Prisoners, ambassadors, and a variety of English observers instead thought that war captives should not have to work for their subsistence or their captors' profit. Nevertheless, common prisoners continued to labour under the aegis of free contracts into the eighteenth century.

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8

WINTER, ANNE. "Caught between Law and Practice: Migrants and Settlement Legislation in the Southern Low Countries in a Comparative Perspective, c. 1700–1900." Rural History 19, no. 2 (October 2008): 137–62. http://dx.doi.org/10.1017/s095679330800246x.

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AbstractHistoriographical debates on the causes and implications of early modern and early industrial settlement legislation, which determined the locality where one could apply for poor relief, have so far focused mainly on England and Wales. These regions are deemed exceptional for the national character and universality of their Poor Laws (1601), associated Act of Settlement (1662) and later amendments. However, if the focus is shifted from the national legislative framework to actual practice, several continental regions had relief and settlement arrangements that bore many resemblances to those in England and Wales. This article draws on existing literature and archival research to explore the evolution of settlement law and practice in the Southern Netherlands, i.e. present-day Belgium, from the seventeenth to the late nineteenth centuries, and compares its main features with the situation in England and Wales. This comparative exercise brings to the fore a number of striking resemblances and remarkable differences, which question the precise nature of the British exception. While further research is needed to gauge fully the causes and consequences of the observed similarities and differences, this article aims to demonstrate how a comparative approach towards issues of settlement and relief not only elucidates our understanding of the particularities and generalities of the English/Welsh case, but also widens our insight into the social, economic, and cultural implications of settlement arrangements in general.

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9

Murdoch, Lydia. "State, Society and the Poor in Nineteenth-Century England, and: The Solidarities of Strangers: The English Poor Laws and the People, 1700-1948 (review)." Victorian Studies 44, no. 2 (2002): 336–39. http://dx.doi.org/10.1353/vic.2002.0025.

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10

Behlmer, George. "Summary Justice and Working-Class Marriage in England, 1870–1940." Law and History Review 12, no. 2 (1994): 229–75. http://dx.doi.org/10.2307/743744.

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England's criminal justice system has been depicted as evolving from a preindustrial form in which wide judicial discretion served to legitimate the social order, to a new form where the need to impose industrial discipline on an increasingly urbanized work force produced less harsh but more systematic punishments. According to this vision, the wheels of Victorian justice ground both more gently and more intrusively than they had a century before, since along with the abolition of many capital crimes and the diminishing resort to incarceration went an intensified examination of private lives. As Jennifer Davis has made clear, however, historians of crime often underestimate the degree of continuity between eighteenth- and nineteenth-century law enforcement, particularly at the local level. Significantly, both eighteenth-century justices of the peace and nineteenth-century police court magistrates enjoyed great latitude in their dealings with the poor people who appeared before them. Nowhere is the highly personal and unsystematic nature of modern summary justice more strikingly revealed than in the police court's adjudication of disputes between husbands and wives.

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11

Howlin, Níamh. "“The Terror of their Lives”: Irish Jurors' Experiences." Law and History Review 29, no. 3 (July 21, 2011): 703–61. http://dx.doi.org/10.1017/s0738248011000319.

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A commentator noted in 1881 that Irishmen regarded jury service as “the greatest burden that can be inflicted upon them … they would be delighted if trial by jury was suspended tomorrow.” He later added, “[o]f course an enormous outcry would be raised about it in the national press, and in public meetings; but jurors … would give anything in the world not to serve … because it is the terror of their lives.” Much has been written about the poor state of the nineteenth-century Irish jury system, and it is certainly true that for various social, economic and political reasons, in comparison with that in England, the Irish system appears to have operated in a way that fell somewhat short of ideal. This article seeks to provide an understanding of the realities facing the jurors themselves, and will examine their experiences of the justice system before, during, and after the trial.

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12

Wool, Rosemary J., and Enda Dooley. "A Study of Attempted Suicides in Prisons." Medicine, Science and the Law 27, no. 4 (October 1987): 297–301. http://dx.doi.org/10.1177/002580248702700412.

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To date there have been very few studies of attempted suicide occurring in prison. This study analyses 111 reports of attempted suicide occurring in a one-year period in the prisons of the Midlands and South West regions of England. Unlike the general population, where there are marked differences (age, sex, etc.) between those attempting and those completing suicide, the characteristics for both groups in prison are similar, high risk being associated with youth, with being on remand or recently sentenced, and with a history of mental or physical illness. There is some indication that those in Young Offender Establishments may be more likely to attempt suicide by hanging. The motivation given by the inmates most commonly stated some form of emotional stress relating to poor communication with family or friends, and in this respect they are similar to attempters outside prison.

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13

Wright, Danaya C. "De Manneville v. De Manneville: Rethinking the Birth of Custody Law under Patriarchy." Law and History Review 17, no. 2 (1999): 247–307. http://dx.doi.org/10.2307/744012.

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In 1804 Leonard De Manneville, a poor French emigrant to England, forcibly entered his wealthy but estranged wife's house, wrenched his eight-month-old daughter from her mother's breast, and absconded with the naked child in an open carriage in inclement weather. When Mrs. De Manneville applied to King's Bench for a writ of habeas corpus, Lord Ellenborough affirmed what he claimed was the well-known rule—that a father was entitled by law to complete custody and control over the children of a marriage and could even prohibit all access by a mother to her children. Frustrated by the law courts, Mrs. De Manneville turned to the self-proclaimed champion of the oppressed, the equity courts, only to find that equity would not interfere with a father's right to custody unless the child had property and was in immediate danger of life and limb. Lord Eldon agreed that “the law is clear that the custody of a child, of whatever age, belongs to the father.” Because Mrs. De Manneville refused to sign over property in her separate estate or execute a will in his favor, her angry husband threatened to prohibit his wife from ever seeing the child again and even to remove the child to France. The law supported his right to carry out his threats.

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14

Murdoch, Lydia. "BOOK REVIEW: Alan Kidd.STATE, SOCIETY AND THE POOR IN NINETEENTH-CENTURY ENGLAND. Basingstoke: Macmillan; New York: St. Martin's Press, 1999. and Lynn Hollen Lees.The Solidarities of Strangers: The English Poor Laws and the People, 1700-1948. Cambridge and New York: Cambridge University Press, 1998." Victorian Studies 44, no. 2 (January 2002): 336–39. http://dx.doi.org/10.2979/vic.2002.44.2.336.

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15

., Durre Nayab. "Tariq Riaz. An Enquiry into the Nature and Causes of the Poverty of Nations: With Special Reference to Pakistan . England: Research Publication. 2017. 392 pages. U.K. £ 7.70 (Paperback)." Pakistan Development Review 56, no. 4 (December 1, 2017): 396. http://dx.doi.org/10.30541/v56i4pp.396-396.

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Looking into the institutional functioning and economic management of the country, the book investigates the causes of Pakistan’s poverty and also suggests ways to achieve sustainable prosperity. Following the prologue, the book is organised in five parts. The first part traces the human evolution and the quest for economic and social progress, and the relation between individuals, state, and economic development through history. Part two talks about some basic concepts linked to economic development and human welfare. These include: gross national product and productive capabilities; stages of transformation of an economy; and what history tells us about how the poor became rich. Part three presents the author’s views on the Washington Consensus policies and how it led to the domination of the neoliberal economics, and its role in creating a poverty trap. A comparison of four Asian countries and their pathways to economic development, or lack of it, is presented in part four of the book. Looking at the economic development history of South Korea, China and India, Riaz explains how and why Pakistan lags behind all these countries. The last part of the book focuses on normative economics, and recommends policies, which if implemented, can help build Pakistan’s economy and transform it into an efficient and vibrant welfare state. This book can be of interest specifically to policy-makers and academicians, but it can be a good read for anyone interested in understanding persistent poverty in Pakistan and measures needed to get out of it.

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16

Hong, Seung-Hee. "The necessity of transition to no fault divorce and legal reform measures: Based on a comparative legal review." Korean Society Of Family Law 37, no. 3 (November 30, 2023): 259–333. http://dx.doi.org/10.31998/ksfl.2023.37.3.259.

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In Korea, the Japanese Civil Code was used during the Japanese colonial period, and the Civil Code, a translation of the Japanese Civil Code, was applied until the Korean Civil Code enacted in 1958 was enforced in 1960. The Korean Civil Code is very similar to the Japanese civil law, and the number of articles is significantly smaller and lacks specificity compared to the civil laws of many Western countries. In the case of the divorce law, the deficiencies of such legislation are being supplemented by the interpretation of the courts. Divorce laws in the West, such as Germany, England, France, and the United States, have been revised in the direction of protecting the rights and interests of the parties through numerous historical changes and discussions since the 19th century. Based on the history of changes in various Western countries, Korea will also need to revise the civil law in the direction of fulfilling the state's constitutional duty to protect marriage and family life. Through counseling before marriage and divorce, the marriage and family system should be strengthened, and counseling and other educational programs should be activated so that a recoverable family can be saved. In order to minimize conflicts in a marriage relationship that has already been irretrievably broken and exists only legally, no fault divorce based on separation for a certain period of time should be introduced. And in order to protect innocent spouses and children who do not want to divorce, marriage should be terminated only if protective measures or agreements for innocent spouses and children are included in the divorce ruling, and divorce should not be allowed if the divorce threatens to cause economic, social and psychological difficulties for them. In addition, if legal separation system where the obligation to cohabit is exempted and a marriage is deemed to have broken down after a certain period of separation is established, I think it can serve as a buffer zone to encourage reunion after separation and also as a gateway from marriage to divorce. The legal separation system can alleviate the impact of divorce, and has an economic effect almost similar to divorce, except that the marriage relationship is legally maintained, so the parties can attempt reconciliation while stably separating for a certain period of time. I think it is desirable to unify the divorce procedure by incorporating the divorce by agreement system into the judicial divorce procedure to ensure that the rights and interests of the divorced parties are fully protected. As with the divorce laws of many countries that adopt no fault divorce, even if there is mutual consent to divorce, divorce must be conducted through a trial and should be granted only after court approval of an agreement regarding children and the financial effects of the divorce. Additionally, if a couple with minor children wants to divorce by agreement, counseling should be mandatory. In addition, according to the Supreme Court precedent, Korea's property division system has the main purpose of distributing the actual common property acquired during marriage, and the supportive nature such as consideration for the other person's livelihood security is added. Since the current support system is insufficient to protect spouses with poor economic status in that the system is not provided by law, a separate support system after divorce should be prepared like in many Western countries. As pointed out by the Supreme Court's ruling in 2015, the fact that the spouse responsible for breakdown of marriage is not allowed to file for divorce is also intended to prevent the other spouse from being expelled by the spouse in the bigamous relationship.

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17

Williams, Ian. "Commentaries on the Laws of England." Journal of Legal History 40, no. 1 (January 2, 2019): 95–97. http://dx.doi.org/10.1080/01440365.2019.1576366.

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18

Kercher, Bruce. "Many Laws, Many Legalities." Law and History Review 21, no. 3 (2003): 621–22. http://dx.doi.org/10.2307/3595123.

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Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.

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19

Rose, M. E. "The English Poor Laws, 1700-1930." English Historical Review 118, no. 475 (February 1, 2003): 247–48. http://dx.doi.org/10.1093/ehr/118.475.247.

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20

Clark, Elaine. "City Orphans and Custody Laws in Medieval England." American Journal of Legal History 34, no. 2 (April 1990): 168. http://dx.doi.org/10.2307/845520.

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21

Gutiv, B., and Yu Oliinyk. "Mark Aurelius political and legal ideas on human rights as a significant contribution to roman legal thought." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 49–54. http://dx.doi.org/10.24144/2307-3322.2022.72.8.

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The article is dedicated to a general overview of the political and legal ideas of Marcus Aurelius on human rights. In today’s period of fatal events, when the worst episodes of the past are becoming a reality again, namely the unleashing of an unprovoked brutal war against Ukraine by the Russian Federation, the world community is obliged to discuss human rights issues in the natural and legal aspects. In this regard, it seems necessary to turn to the origins of ideas about subjectively significant state and legal phenomena, devoid of problematic and veiled ideas. Undoubtedly, the world today needs more ideas full of humanity and the common good, ideas of the right decisions, which in their numbers can become something of a catalyst for peace around the world. Such political and legal ideas are able to change the world and adjust a certain group of people to the direction of development and improvement, rather than impoverishment and degradation. Among other things, it is important to take into account historical experience and views on the state and law, analyzing which can be at least closer to the truth in the relevant issue. The significance of the Roman Empire, which for some time stretched over large areas from England to Syria in the context of the concepts of history of state and law and political and legal doctrines is extremely great. The Roman Empire largely shaped world culture, science, law, art and education. The influence of the same Roman law on the jurisprudence of medieval and new states is enormous. The Roman Empire, both during its existence and after its disappearance, became a symbol of the development of law. Of great interest in this regard are the political and legal teachings of Marcus Aurelius - Emperor-philosopher, who introduced the idea of a state with equal law for all, governed by equality and equality of all, and the kingdom in which the highest good is the freedom of subordinates. The philosopher believed that the state should have the same laws for all, respect the freedom of citizens, and govern on the basis of equality and equality of all citizens. This philosopher pursued a balanced policy, his rule is characterized by respect for the people, the Senate and its members. Aurelius reign was called the «Senate Renaissance» because the emperor himself emphasized his obedience to the senate, which was the highest imperial power at the time. Marcus Aurelius directed his policy to help orphans, slaves, the poor and the sick, donated money to help all those in need. During this historical period, attitudes toward slavery and violence against them changed, and their murder was recognized as a crime thanks to Marcus Aurelius. In this article, the authors evaluates the main ideas of the Roman Stoics. The the authors clarifies some principles of equality of human rights and the functioning of the state in this direction, in particular on the basis of political and legal views of Marcus Aurelius.

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22

Holmlund, Kerstin. "Poor laws and schooling in Stockholm." History of Education Review 42, no. 1 (June 21, 2013): 40–54. http://dx.doi.org/10.1108/08198691311317688.

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23

Harris, Bernard. "Parsimony and Pauperism: Poor Relief in England, Scotland and Wales in the Nineteenth and Early Twentieth Centuries." Journal of Scottish Historical Studies 39, no. 1 (May 2019): 40–74. http://dx.doi.org/10.3366/jshs.2019.0260.

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As the Royal Commission on the Poor Laws noted in 1909, the Poor Law Amendment Act of 1834 and the Poor Law (Scotland) Act of 1845 sprang from rather different motives. Whereas the first Act aimed to restrict the provision of poor relief, the second was designed to enhance it. However, despite these aims, it is generally accepted that Scotland's Poor Law continued to relieve a smaller proportion of its population and to spend less money on them. This paper revisits the evidence on which these claims are based. Although the gap between the two Poor Laws was less than previously supposed, it was nevertheless substantial. The paper also explores the links between the size of Scottish parishes and welfare spending, and demonstrates that the main reasons for the persistence of the spending gap were related to different levels of investment in poorhouses and workhouses, and support for the elderly.

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24

Spring, Eileen, and Sybil Wolfram. "In-Laws and Outlaws: Kinship and Marriage in England." American Historical Review 93, no. 3 (June 1988): 693. http://dx.doi.org/10.2307/1868146.

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25

Rushton, Neil S., and Wendy Sigle-Rushton. "Monastic Poor Relief in Sixteenth-Century England." Journal of Interdisciplinary History 32, no. 2 (October 2001): 193–216. http://dx.doi.org/10.1162/002219501750442378.

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26

Baker, J. H. "Why the History of English Law has not been finished." Cambridge Law Journal 59, no. 1 (March 2000): 62–84. http://dx.doi.org/10.1017/s0008197300000039.

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27

VAN CAENEGEM, R. C. "Judge and lawgiver in Anglo-American history." European Review 11, no. 3 (July 2003): 325–39. http://dx.doi.org/10.1017/s1062798703000310.

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Politicians are not expected to interfere with the judiciary. Parliament passes laws and the courts interpret and apply them. On the Continent, judicial freedom is restricted by codification, which was avoided in England where greater judicial flexibility survived. In the United States the Restatement of the Law was a move in the direction of codification. Also in that country, judicial review of the constitutionality of the laws gave the judges the power to declare statutes passed by the representatives of the people unconstitutional. No such power exists in England, but the courts have other means of reducing the impact of Acts of Parliament, such as the exclusionary rule and the convention that the lawgiver does not intend to change the common law, which is judge-made case law, governed by the doctrine of precedent. Those traditional elements of the English common law were recently eroded by modernizing trends: the rule of exclusion was given up in favour of the search for the intention of the lawgiver, and the force of stare decisis was reduced. The recent incorporation of the European Convention on Human Rights into British law has introduced a form of judicial review of the laws into the British system.

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28

Waldram, Richard. "Mr Shenton's Silk Mills at Winchester, 1796–1829." Hampshire Studies 73, no. 1 (November 1, 2018): 203–10. http://dx.doi.org/10.24202/hs2018011.

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The fortunes and misfortunes of Mr Shenton's Abbey Silk Mills in Winchester are described, with details of the mill machinery, hours of work, wage rates, the sources of child labour and the possible reasons why the enterprise ultimately failed. The operation of this mill is set in the context of the silk trade in Hampshire and England generally, attitudes concerning the use of child labour in factories, and the operation of the poor laws in England at the time.

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29

Levene, Alysa. "Obligation, Entitlement and Dispute under the English Poor Laws." Social History 42, no. 3 (July 3, 2017): 435–37. http://dx.doi.org/10.1080/03071022.2017.1320150.

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30

Borenstein, Jason, and Tal Golan. "Laws of Men and Laws of Nature: The History of Expert Scientific Testimony in England and America." American Journal of Legal History 48, no. 1 (January 1, 2006): 108. http://dx.doi.org/10.2307/25434781.

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31

DICKINSON, HARRY T. "Review Article: Comments on William Blackstone's Commentaries on the Laws of England." History 104, no. 362 (August 8, 2019): 710–28. http://dx.doi.org/10.1111/1468-229x.12867.

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Healey, J. "Agrarian Capitalism and Poor Relief in England, 1500-1860." English Historical Review CXXV, no. 514 (April 19, 2010): 705–7. http://dx.doi.org/10.1093/ehr/ceq092.

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Burney, Ian A. ":Laws of Men and Laws of Nature: The History of Scientific Expert Testimony in England and America." American Historical Review 110, no. 4 (October 2005): 1132–33. http://dx.doi.org/10.1086/ahr.110.4.1132.

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Hoyle, R. W. ":Poor Relief in England, 1350–1600." Sixteenth Century Journal 44, no. 4 (December 1, 2013): 1094–96. http://dx.doi.org/10.1086/scj24246319.

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Gilbert, G. "The Morning Chronicle, Poor Laws, and Political Economy." History of Political Economy 17, no. 4 (December 1, 1985): 507–21. http://dx.doi.org/10.1215/00182702-17-4-507.

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Lessof, Maurice. "Laws of men and laws of nature: the history of scientific expert testimony in England and America." Clinical Medicine 5, no. 5 (September 1, 2005): 526.1–526. http://dx.doi.org/10.7861/clinmedicine.5-5-526.

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Don Crofford, Geary. "Laws of men and laws of nature: The history of scientific expert testimony in England and America." Science Education 92, no. 4 (July 2008): 761–63. http://dx.doi.org/10.1002/sce.20288.

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McLean, Janet. "Ideologies in Law Time: The Oxford History of the Laws of England." Law & Social Inquiry 38, no. 03 (2013): 746–64. http://dx.doi.org/10.1111/lsi.12016.

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In the introduction to the newOxford History of the Laws of England 1820–1914, the authors suggest that their task is to tell the “history of the law itself.” This review essay examines what can be learned from a history told from law's internal point of view rather than through the perspectives of other disciplines, such as economics or philosophy. It considers whether and how the common law responded to industrialization and laissez-faire ideology, the influence of salient philosophical movements—such as utilitarianism—on statutory change, and how all history is an exercise in ideology. In considering the public sphere, it suggests that this work should form the inspiration for further inquiry.

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Côté, J. E. "History of Factums." Alberta Law Review 52, no. 1 (November 4, 2014): 71. http://dx.doi.org/10.29173/alr12.

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The history of the factum in Canada is little known but greatly significant in the development of written argument. Written argument grew alongside the oral legal tradition. The factum developed in Canada in an unorthodox way. Unlike most Canadian laws and procedures, which find their roots in common law England, the factum originated in Quebec’s civil jurisdiction before being adopted in the NorthwestTerritories. This article explores the evolution of written argument and the historical use of the factum in the United Kingdom and Canada and details the practice of factum use in Alberta particularly.

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McGrath, Charles Ivar. "Securing the Protestant interest: the origins and purpose of the penal laws of 1695." Irish Historical Studies 30, no. 117 (May 1996): 25–46. http://dx.doi.org/10.1017/s0021121400012566.

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The origin and the purpose of the Irish penal laws have always been subjects of contention. These laws have often been viewed as a ‘rag-bag’ of legislation, lacking in government policy, without precedent or forethought, motivated by rapacity, unfavoured in England and yet tolerated in return for concessions by an Irish parliament greedy for Catholic land and wealth. However, in the context of the first two Irish penal laws of 1695, and most specifically the disarming act, this generality does not hold good. It is the aim of this article to show that the two penal laws of 1695, for disarming Catholics and prohibiting foreign education, were the result of a definite policy which existed in Ireland from the time of the Williamite war. This policy was built upon a previous tradition of English statutes and Irish proclamations. The pressure for this policy came not only from Irish Protestants, but also from English ministers and from the crown. And the prime motive was security of the Protestant interest.Victory at Limerick in October 1691 did not end the threat to the Williamite Protestant interest in Ireland. Fear of Catholic Europe remained constant as long as William III was at war with France, a fear that was heightened by the activities of privateers and rapparees. In the search for greater security, a policy developed for disarming Irish Catholics, which was actively supported by William III and his executive and legislature in England, was implemented by the executive in Ireland, and was encouraged and promoted by the Irish Protestant interest.

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Smith, Richard. "Pauper Policies: Poor Law Practice in England, 1780–1850." Journal of Interdisciplinary History 49, no. 3 (November 2018): 496–98. http://dx.doi.org/10.1162/jinh_r_01314.

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Schneider, Wendie Ellen. "Laws of Men and Laws of Nature: The History of Scientific Expert Testimony in England and America (review)." Technology and Culture 46, no. 3 (2005): 647–49. http://dx.doi.org/10.1353/tech.2005.0146.

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OTTAWAY, SUSANNAH R. "Providing for the elderly in eighteenth-century England." Continuity and Change 13, no. 3 (December 1998): 391–418. http://dx.doi.org/10.1017/s0268416098003191.

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In 1776, in the parish of Puddletown, Dorset, Sarah Dibben, an elderly, impoverished widow, was examined as to her place of settlement by the local justice of the peace to determine whether the parish should pay for her poor relief. At the same time, the JP interviewed her son, Melchizedeck, with whom Sarah had been living, to shed further light on Sarah's situation. Melchizedeck told the justice that because Sarah was his mother he ‘thought it his Duty to assist her if he could without injuring his family’. However, he was at the marginal level of poverty himself, ‘having nothing but what he can earn to support his family’. As a consequence of these examinations, Sarah was removed to the neighbouring parish of Piddlehinton, where she had borne her children over forty years earlier.The case of Sarah Dibben's settlement highlights the main issues surrounding provisions for the elderly in eighteenth-century England. (Here, the elderly are defined as those aged 60 and above.) The provisions of the poor law of 1601 meant that both the local community and the family had a legal obligation to support the aged. This law stated that ‘the aged and decrepit’ of every parish were to be supported by a tax, collected from all those who held property in the parish. At the same time, the law dictated:The father and grandfather, mother and grandmother, and children of every poor, old, blind, lame and impotent person, or other person not able to work, being of sufficient ability, shall at their own charges, relieve and maintain every such poor person, in that manner, and according to that rate, as by the justices in sessions shall be assessed: on pain of 20s. a month. [I will be referring to this clause as the family-support section of the poor laws.]

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Innes, J. "The Poor in England, 1700-1850: An Economy of Makeshifts." English Historical Review CXXI, no. 494 (December 1, 2006): 1473–75. http://dx.doi.org/10.1093/ehr/cel305.

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Boberg‐Fazlić, Nina, and Paul Sharp. "Does Welfare Spending Crowd out Charitable Activity? Evidence from Historical England under the Poor Laws." Economic Journal 127, no. 599 (October 3, 2015): 50–83. http://dx.doi.org/10.1111/ecoj.12251.

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Richardson, Gary. "Guilds, laws, and markets for manufactured merchandise in late-medieval England." Explorations in Economic History 41, no. 1 (January 2004): 1–25. http://dx.doi.org/10.1016/s0014-4983(03)00045-7.

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Green, Judith A. "Forest laws in England and Normandy in the twelfth century." Historical Research 86, no. 233 (July 1, 2013): 416–31. http://dx.doi.org/10.1111/1468-2281.12003.

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Ottaway, S. "MARJORIE KENISTON MCINTOSH. Poor Relief in England, 1350-1600." American Historical Review 118, no. 3 (May 31, 2013): 927–28. http://dx.doi.org/10.1093/ahr/118.3.927.

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Coss, P. "The Oxford History of the Laws of England. Volume II : 871-1216, by JohnHudson." English Historical Review 129, no. 536 (February 1, 2014): 168–71. http://dx.doi.org/10.1093/ehr/cet364.

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Jurasinski, Stefan. "Reddatur Parentibus: The Vengeance of the Family in Cnut's Homicide Legislation." Law and History Review 20, no. 1 (2002): 157–80. http://dx.doi.org/10.2307/744159.

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TheAnglo-Saxon Chroniclestates that during his 1018 meeting in Oxford with the leading English ecclesiastical and lay authorities, roughly one year after his accession to the throne in England, Cnut agreed to uphold “the laws of Edgar” during his reign. The ultimate outcome of this and subsequent meetings is the code issued at Winchester in 1020, referred to by editorial convention as I and II Cnut. This code contains, respectively, the religious and secular laws of England promulgated under Cnut. The code is contained in four manuscripts in Old English. The earliest are British Library, Cotton Nero A.i and Cambridge, Corpus Christi College (CCCC) 201, both dated to the mid-eleventh century; the latest, Cambridge, Corpus Christi College (CCCC) 383 and British Library, Harley 55, belong to the early twelfth century. Cnut's code reappears in three twelfth-century Norman Latin tracts intended to acquaint French authorities with English law, theInstituta Cnuti, Consiliatio Cnuti, andQuadripartitus. TheLeges Henrici Primi, prepared by the same author as theQuadripartitus, also draws heavily on Cnut's legislation.

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