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Journal articles on the topic 'Poor laws – wales – 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

STEWART, JOHN, and STEVE KING. "Death in Llantrisant: Henry Williams and the New Poor Law in Wales." Rural History 15, no. 1 (March 17, 2004): 69–87. http://dx.doi.org/10.1017/s0956793303001092.

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This article first examines the recent historiography of the Poor Law, notes the dearth of historical writing on this topic with respect to Wales and then uses an incident which took place in the rural Welsh town of Llantrisant in the early 1840s which clearly exemplifies both particularly Welsh characteristics and those of the medical services of the New Poor Law. It is contended that further study of the welfare regime in nineteenth-century Wales is important for both Welsh history and for the broader historical understanding of the Poor Laws in rural areas.

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3

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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4

McCausland, Ruth, and Eileen Baldry. "‘I feel like I failed him by ringing the police’: Criminalising disability in Australia." Punishment & Society 19, no. 3 (March 3, 2017): 290–309. http://dx.doi.org/10.1177/1462474517696126.

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The stigmatisation, control, criminalisation and incarceration of people with disability have a long history. While in recent decades there has been increasing commitment to the rights of people with disabilities by governments in western nations, the over-representation of people with mental and cognitive disability in criminal justice systems has continued. Although there are similarities amongst Western jurisdictions in regard to the treatment of people with disability in justice systems, there are particularities in Australia that will be drawn out in this article. We argue that disadvantaged people with mental and cognitive disability are being managed by and entrenched in criminal justice systems across Australia’s six states and two territories, including so-called diversionary and therapeutic measures that appear to accommodate their disability. In the absence of early and appropriate diagnosis, intervention and support in the community, some disadvantaged and poor persons with mental and cognitive disability, in particular Indigenous Australians, are being systematically criminalised. Criminal justice agencies and especially youth and adult prisons have become normalised as places of disability management and control. Drawing on research that focuses in detail on the jurisdictions of the Northern Territory and New South Wales, we argue for a reconstruction of the understanding of and response to people with these disabilities in the criminal justice system.

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5

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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6

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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7

Fleming, Anne. "The Borrower's Tale: A History of Poor Debtors inLochnerEra New York City." Law and History Review 30, no. 4 (November 2012): 1053–98. http://dx.doi.org/10.1017/s0738248012000533.

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When asked why he did not read over the loan documents before signing them, John Doherty explained: “I was anxious to get the money, I didn't bother about it.” In February 1910, the twenty-three-year-old railroad clerk walked into the offices of the Chesterkirk Company, a loan-sharking operation with offices in lower Manhattan. He was looking to borrow some money. Repayment was guaranteed by the only security Doherty had to offer: his prospective wages and, in his words, his “reputation.” After a brief investigation of Doherty's creditworthiness, the loan was approved. The office manager placed a cross in lead pencil at the bottom of a lengthy form and Doherty signed where indicated. He received $34.85 in exchange for his promise to repay the loan principal plus $10.15 in combined fees and interest in three months. The interest charged was significantly greater than the 6 percent per year allowed in New York State. Doherty's effective annualized interest rate, including fees, was over 100 percent.

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8

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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9

King, Steven. "The Rural Poor in Eighteenth Century Wales." Journal of Historical Geography 28, no. 2 (April 2002): 299–300. http://dx.doi.org/10.1006/jhge.2002.0430.

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10

Williams, C. "The Rural Poor in Eighteenth-Century Wales, David W. Howell." English Historical Review 116, no. 467 (June 1, 2001): 730–31. http://dx.doi.org/10.1093/ehr/116.467.730.

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11

Williams, Chris. "The Rural Poor in Eighteenth-Century Wales, David W. Howell." English Historical Review 116, no. 467 (June 2001): 730–31. http://dx.doi.org/10.1093/enghis/116.467.730.

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12

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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13

Pale, S. E. "Norfolk Island and Australia: a history of uneasy relationship." South East Asia: Actual problems of Development, no. 2 (47) (2020): 224–31. http://dx.doi.org/10.31696/2072-8271-2020-2-2-47-224-231.

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This article is about the complicated relations between Norfolk Island located in the South Pacific and Australia that possesses the island as its ‘external territory’. Over the past century Australia and its tiny but strategically important possession have overcome many difficult moments, the most dramatic of which took place in 2015, when the Australian Parliament ended self-government on the island and put Norfolk under the laws of New South Wales thus making it part of Australia.

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14

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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15

Mangion, Carmen M. "Faith, philanthropy and the aged poor in nineteenth-century England and Wales." European Review of History: Revue europeenne d'histoire 19, no. 4 (August 2012): 515–30. http://dx.doi.org/10.1080/13507486.2012.697876.

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16

Alexander, J. Trent, and Annemarie Steidl. "Gender and the “Laws of Migration”." Social Science History 36, no. 2 (2012): 223–41. http://dx.doi.org/10.1017/s0145553200011779.

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Ernest George Ravenstein’s influential “laws of migration” argued that short-distance and within-country moves were typically dominated by women. We use census microdata to take a fresh look at the relationship between gender and internal migration in late nineteenth-century Europe and North America. We argue that there was a significant flaw in Ravenstein’s key finding on gender and that this flaw has implications for more recent scholarship of the long-term “feminization of migration.” The apparent overrepresentation of women among internal migrants was due not to their higher propensity to move but to the much higher rate at which male migrants left the population, through either death or emigration. Men were just as likely to make internal moves as women were; the difference was that men did not remain in the population to be counted when the decennial census was conducted. Like Ravenstein’s “laws of migration,” this article relies primarily on data from the 1881 census of England and Wales. Whereas Ravenstein’s work was constrained by the contents of tables published by the UK Census Office in the 1880s, we are able to ask new questions by analyzing individual-level data files recently made available by the North Atlantic Population Project.

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17

Williams, David V. "Application of the Wills Act 1837 to New Zealand: Untidy Legal History." Victoria University of Wellington Law Review 45, no. 4 (December 1, 2014): 637. http://dx.doi.org/10.26686/vuwlr.v45i4.4941.

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The decision of Acting Chief Justice Stephen in McLiver v Macky (1856) was that the Wills Act 1837 (UK) did not apply in New Zealand because New Zealand had been annexed to the British Empire as a dependency of New South Wales. This case and its consequences were discussed in my contribution to the Victoria University of Wellington Law Review special issue in 2010 relating to the New Zealand Law Foundation's "Lost Cases Project". It transpires that Stephen ACJ and counsel in the 1856 case were unaware of the Imperial Act Adoption Act 1839 (NSW) which applied the Wills Act 1837 (UK) to New South Wales from 1 January 1840. This article suggests that, based on the reasoning of the Judge, the 1856 decision would have been the same even if that 1839 Act had been explicitly considered. It would still have been necessary for the New Zealand Parliament to enact the English Laws Act 1858.

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18

Ely, James W. "The Eighteenth-Century Poor Laws in the West Riding of Yorkshire." American Journal of Legal History 30, no. 1 (January 1986): 1. http://dx.doi.org/10.2307/845937.

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19

KING, STEVEN, and JOHN STEWART. "THE HISTORY OF THE POOR LAW IN WALES: UNDER–RESEARCHED, FULL OF POTENTIAL." Archives: The Journal of the British Records Association 26, no. 105 (October 2001): 134–48. http://dx.doi.org/10.3828/archives.2001.15.

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20

Williams, David V. "The Pre-History of the English Laws Act 1858: Mcliver v Macky (1856)." Victoria University of Wellington Law Review 41, no. 3 (November 6, 2010): 361. http://dx.doi.org/10.26686/vuwlr.v41i3.5225.

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The English Laws Act 1858 declared the reception date for the arrival of English law and statutes of general application in New Zealand to be 14 January 1840. This Act was passed because the New Zealand Supreme Court had decided the Wills Act 1837 (UK) did not apply in New Zealand. New Zealand was annexed to the British Empire as a dependency of New South Wales with a reception date in 1825 or 1828. The Supreme Court case that so decided was McLiver v Macky (1856). The New Zealand Law Foundation's 'Lost Cases Project' ascertained that this judgment was fully reported in an Auckland newspaper – The Southern Cross. This article examines the facts of the case and the reasoning of Acting Chief Justice Stephen as to the basis for British sovereignty in New Zealand and the application of English law to British subjects here.

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21

Ratzmann, Nora. "Reforming Moldovan social assistance: Poor Laws for the European fringe?" Southeast European and Black Sea Studies 14, no. 3 (July 3, 2014): 409–29. http://dx.doi.org/10.1080/14683857.2014.924729.

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22

Muir, Angela Joy. "Midwifery and Maternity Care for Single Mothers in Eighteenth-Century Wales." Social History of Medicine 33, no. 2 (November 8, 2018): 394–416. http://dx.doi.org/10.1093/shm/hky092.

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Summary The history of childbirth in England has gained increasing momentum, but no studies have been carried out for Wales, and therefore the nature of childbirth in early modern Wales remains largely unknown. This article seeks to redress this imbalance in two ways: First, by examining Welsh parish, court and ecclesiastical records for evidence of those who attended parturient women. This evidence demonstrates that Welsh midwives were not a homogeneous group who shared a common status and experience, but were a diverse mix of practitioners drawn from a range of socioeconomic backgrounds. Secondly, by assessing the care these practitioners provided to some of the most marginalised in Welsh society: unmarried pregnant women. Parish resources were limited, and poor law provision often covered only what was considered absolutely necessary. Analysis of what was deemed essential for the safe delivery of illegitimate infants provides a revealing glimpse of to the ‘ceremony of childbirth’ in eighteenth-century Wales.

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23

Fitzgerald, Shirley, and Anne O'Brien. "Poverty's Prison. The Poor in New South Wales 1880-1918." Labour History, no. 56 (1989): 96. http://dx.doi.org/10.2307/27508938.

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24

Frohman, Larry. "The Break-Up of the Poor Laws— German Style: Progressivism and the Origins of the Welfare State, 1900–1918." Comparative Studies in Society and History 50, no. 4 (September 23, 2008): 981–1009. http://dx.doi.org/10.1017/s0010417508000418.

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While the 1834 New Poor Law and the controversies over its reform represent one of the central threads in every narrative of the history of modern Britain, the same can hardly be said of the German poor laws, whose history is far less known. This is due in large part to a historiographical tradition that sees the Bismarckian social insurance programs as the fons et origo of the German welfare state and thus marginalizes all forms of social assistance that can not be neatly fitted into the narrative pre-history or subsequent development of these programs. This contrasts with a British tradition where, as E. P. Hennock has recently argued, national insurance was primarily conceived as a means of poor law reform, and where the poor laws figure prominently in the historiography of the welfare state. On the other hand, this insurance-centered approach to the welfare state is not entirely to blame because, for their part, historians of poor relief have not been able to establish any positive connections between individualized, subsidiary, deterrent relief and social insurance or social security systems based on rights deriving from either contributions or citizenship.

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25

Mandler, Peter. "Tories and Paupers: Christian Political Economy and the Making of the New Poor Law." Historical Journal 33, no. 1 (March 1990): 81–103. http://dx.doi.org/10.1017/s0018246x0001311x.

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Everyone knows that Edwin Chadwick wrote the New Poor Law; or, rather, that he wrote the report – issued in 1834 by the royal commission appointed two years earlier to inquire into the poor laws – which formed the basis for the New Poor Law. The well-informed among us might add the name of the political economist Nassau Senior as Chadwick's co-author. But few would be able to supply any of the further seven names which stood with Chadwick's and Senior's as co-signatories to the report. These seven royal commissioners were Bishop Blomfield of London, Bishop Sumner of Chester, William Sturges Bourne, M.P., the Rev. Henry Bishop, Henry Gawler, Walter Coulson, and James Traill.

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26

Crossman, Virginia. "Viewing Women, Family and Sexuality Through the Prism of the Irish Poor Laws." Women's History Review 15, no. 4 (September 2006): 541–50. http://dx.doi.org/10.1080/09612020500530554.

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27

Jenkins, Sarah C., Sharon AM Stevelink, and Nicola T. Fear. "Factors associated with poor self-reported health within the UK military and comparisons with the general population: a cohort study." JRSM Open 8, no. 5 (May 2017): 205427041769272. http://dx.doi.org/10.1177/2054270417692729.

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Objective To investigate the self-rated health of the UK military and explore factors associated with poor self-rated health. Compare self-rated health of the military to the general population. Design A cohort study. Participants A total of 7626 serving and ex-serving UK military personnel, aged between 25 and 49; 19,452,300 civilians from England and Wales. Setting United Kingdom (military), England and Wales (civilians). Main outcome measures Self rated health for both populations. Additional data for the military sample included measures of symptoms of common mental disorder (General Health Questionnaire-12), probable post-traumatic stress disorder (post-traumatic stress disorder checklist Civilian Version), alcohol use (Alcohol Use Disorders Identification Test), smoking behaviour, history of self-harm and body mass index. Results In the military sample, poor self-rated health was significantly associated with: common mental disorders and post-traumatic stress disorder symptomology, a history of self-harm, being obese, older age (ages 35–49) and current smoking status. However, the majority of military personnel report good health, with levels of poor self-rated health (13%) not significantly different to those reported by the general population (12.1%). Conclusions Self-rated health appears to relate to aspects of both physical and psychological health. The link between poor self-rated health and psychological ill-health emphasises the need for military support services to continue addressing mental health problems.

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28

Kidd, Alan J. "Historians or Polemicists? How the Webbs Wrote Their History of the English Poor Laws." Economic History Review 40, no. 3 (August 1987): 400. http://dx.doi.org/10.2307/2596252.

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29

Davies, R. R. "Presidential Address: The Peoples of Britain and Ireland, 1100–1400: III Laws and customs." Transactions of the Royal Historical Society 6 (December 1996): 1–23. http://dx.doi.org/10.2307/3679227.

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Edward I and his judges delivered some of the most resounding obiter dicta on the nature of law and justice in the medieval period; but on occasion they found themselves at the receiving end of such pontificating practices. One such occasion took place at Oswestry in January 1279. Walter de Hopton and his fellow justices were ambling their way through the interminable dispute between Llywelyn ap Gruffudd, prince of Wales, and Gruffudd ap Gwenwynwyn, lord of Powys and client of die English king. In rotund phrases, at once deeply flattering and profoundlychallenging to Edward I, Llywelyn delivered himself of a grand declaration about the relationship of law, people and political power:Each province under die empire of the lord King has its own laws and customs according to the habit and usage of the parts in which it is situated—for example, die Gascons in Gascony, the Scots in Scodand, the Irish in Ireland and the English in England. This indeed exalts rather than diminishes the crown of the lord King. The Prince accordingly requests diat he likewise should have his Welsh law and should proceed according to it. He has all the more reason for making diis request since the King, of his own free will, in die recent peace treaty concluded between diem, granted to Llywelyn and all Welshmen die right to have their own law. By natural justice (de jure communi) he ought to have Welsh law and custom, just as other peoples(naciones) under the empire of the lord King have their laws and customs according to their language, or ethnic affiliation (secundum linguam suam).

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30

Lingard, Kylie, Natalie P. Stoianoff, Evana Wright, and Sarah Wright. "Are we there yet? A review of proposed Aboriginal cultural heritage laws in New South Wales, Australia." International Journal of Cultural Property 28, no. 1 (February 2021): 107–35. http://dx.doi.org/10.1017/s0940739120000284.

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AbstractThis article examines the extent to which a recent law reform initiative in New South Wales (NSW), Australia—the draft Aboriginal Cultural Heritage Bill 2018 (NSW)—advances the general principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The examination reveals some improvements on the current legal framework and some concerning proposals that distance the NSW government from the UNDRIP principles. Key concerns include a proposed transfer of administrative responsibility to Aboriginal bodies with no corresponding guarantee of funding; the continued vesting of key decision-making powers in government; inept provisions for the protection of secret knowledge; and lower penalties for harming cultural heritage than for related offences in existing environmental and planning legislation. Given the bill’s weaknesses, the article explores pragmatic alternatives to better advance the UNDRIP principles.

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31

Crossman, V. "The New Ross Workhouse Riot of 1887: Nationalism, Class and the Irish Poor Laws." Past & Present 179, no. 1 (May 1, 2003): 135–58. http://dx.doi.org/10.1093/past/179.1.135.

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32

Buck, A. R. "The Poor Man“: Rhetoric and Political Culture in Mid-Nineteenth Century New South Wales." Australian Journal of Politics & History 42, no. 2 (June 28, 2008): 203–19. http://dx.doi.org/10.1111/j.1467-8497.1996.tb01363.x.

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33

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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34

Neal, Frank. "Lancashire, the Famine Irish and the Poor Laws: A Study in Crisis Management." Irish Economic and Social History 22, no. 1 (June 1995): 26–48. http://dx.doi.org/10.1177/033248939502200102.

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35

Zigarovich, Jolene. "Charging the Dead: The Necroeconomies of Burial Laws and the Legal Suspension of the Dead." Victoriographies 13, no. 3 (November 2023): 298–320. http://dx.doi.org/10.3366/vic.2023.0505.

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While Victorian studies have traditionally examined anatomy laws and the dissection of executed criminals, this article discusses laws that required payment for execution and burial costs, and uncovers actual cases in which families refused payment and as a result the state refused to release the corpse. Capital punishment looms over novels such as Charles Dickens’s A Tale of Two Cities, Oliver Twist, and Great Expectations, and Thomas Hardy’s Tess of the d’Urbervilles. Yet, conspicuously absent from these novels are the necropolitics and economics surrounding the dead body of the executed, which saw more legal protections in the nineteenth century. The aim is to not only excavate laws rarely discussed in critical literature, but to interrogate the astonishing lengths the common law and ecclesiastical court systems were taking in order to manage bodies (through fees, burial prescriptives, customary laws, and so on). Execution and burial fees were designed to financially exploit the grieving poor. Therefore, what often resulted was a suspension of burial – a delay caused by necroeconomies built into these grim financial systems. The article thus brings together ecclesiastical court cases to underscore the tension between customary burial fees, Poor Laws, and their critique in fiction.

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36

Chiciudean, Gabriela. ""Scadența" de Horia Liman – obiceiuri ancestrale într-un spațiu izolat / “The Deadline” by Horia Liman – Ancestral customs in an isolated space." Swedish Journal of Romanian Studies 3, no. 1 (April 17, 2020): 71–85. http://dx.doi.org/10.35824/sjrs.v3i1.21464.

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In his novel, “The Deadline”, Horia Liman depicts the history of an authentic world governed by unwritten laws belonging to the morality of the common man, especially to the honour code. In a poor isolated community from Oaș, placed on a rocky hill, where only the nettles grow, the knapsack and the knife are held in high esteem. The atmosphere of the novel, its characters and their features, the difficult life and the unwritten laws are gradually unveiled through significant events.

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37

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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38

Batlan, Felice. "Déjà Vu and the Gendered Origins of the Practice of Immigration Law: The Immigrants’ Protective League, 1907–40." Law and History Review 36, no. 4 (November 2018): 713–69. http://dx.doi.org/10.1017/s0738248018000469.

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Donald Trump's administration has provoked crisis after crisis regarding the United States’ immigration policy, laws, and their enforcement. This has affected millions of immigrants in the U.S. and those hoping to immigrate. Stemming from this, immigration lawyers are providing extraordinary amounts of direct pro bono legal services to immigrants in need. Yet the history of the practice of immigration law has been largely understudied. This article closely examines Chicago's Immigrants’ Protective League between 1910 and 1940. The League provided free counsel to tens of thousands of poor immigrants facing a multitude of immigration-related legal issues during a time when Congress passed increasingly strict immigration laws. The League, always headed by women social workers, created a robust model of immigration advocacy at a time when only a handful of women were professionally trained lawyers. The League's archival documents, manifests how Trump's immigration policies have a long and painful history. U.S. immigration law and its enforcement have consistently been cruel, inhumane, arbitrary, and capricious. Told from the ground up and focusing upon the day-to-day problems that immigrants brought to the League, one dramatically sees how immigration laws and practices were like quicksand, thwarting the legitimate expectations of migrants. The League, in response, participated in creating what would become the practice of immigration law, engaging, and quickly responding to changing laws, rules, policies, and the needs of migrants.

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39

Levene, A. "Between Less Eligibility and the NHS: The Changing Place of Poor Law Hospitals in England and Wales, 1929-39." Twentieth Century British History 20, no. 3 (January 1, 2009): 322–45. http://dx.doi.org/10.1093/tcbh/hwp018.

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40

Royle, E. "The Collected Works of Jeremy Bentham: Rights, Representation, and Reform: Writings on the Poor Laws, Volume I." English Historical Review 119, no. 481 (April 1, 2004): 535–36. http://dx.doi.org/10.1093/ehr/119.481.535.

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41

Innes, J. "Shorter note. The Solidarities of Strangers. The English Poor Laws and the People, 1700-1948. Lynn Lees." English Historical Review 114, no. 457 (June 1999): 746–47. http://dx.doi.org/10.1093/enghis/114.457.746.

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Innes, J. "Shorter note. The Solidarities of Strangers. The English Poor Laws and the People, 1700-1948. Lynn Lees." English Historical Review 114, no. 457 (June 1, 1999): 746–47. http://dx.doi.org/10.1093/ehr/114.457.746.

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43

Croll, Andy. "Strikers and the Right to Poor Relief in Late Victorian Britain: The Making of the Merthyr Tydfil Judgment of 1900." Journal of British Studies 52, no. 1 (January 2013): 128–52. http://dx.doi.org/10.1017/jbr.2012.61.

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AbstractDid late Victorian strikers have a right to poor relief? Historians have suggested they did not. Scholars point out that nineteenth-century strikers rarely turned to the Poor Law for assistance, and when they did, during a colliers' strike in South Wales in 1898, Poor Law officials were taken to court by disgruntled coal companies. In the subsequent High Court ruling known as the Merthyr Tydfil judgment of 1900, the Master of the Rolls decided that the policy of relieving the strikers had indeed been unlawful. However, it is argued in this article that the judgment has not been properly understood by historians. Contemporaries did not think it obvious that the giving of poor relief to strikers was illegal. On the contrary, in 1898, there was widespread agreement that Poor Law officials had no choice but to support destitute strikers; the Poor Law demanded they relieve the men and their families, a point confirmed in an earlier High Court ruling in 1899. Thus, Poor Law scholars should view the Merthyr judgment as a notable innovation in Poor Law policy. Labor historians should see the ruling as part of the employers' counteroffensive against the labor movement of the 1890s and 1900s. Merthyr came out of the same febrile atmosphere that produced the Taff Vale judgment. That its true significance has been forgotten can largely be explained by the labor movement's unease at having a striker's right to poor relief confirmed in 1899. Respectable workers, union leaders averred, should not be supported out of the poor rates.

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Potot-Warren, Jade. "Confusing, Dated and Ineffective? Current Sex Work Laws in England and Wales and Proposals for Reform." Student Journal of Professional Practice and Academic Research 3, no. 1 (March 4, 2021): 4–13. http://dx.doi.org/10.19164/sjppar.v3i1.1098.

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Sex work is defined as ‘a person who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person’ . Sex work law is often controversial, and must balance the interests of the workers, the clients and the public. Examination of the relevant law relating to sex work, and the history and policy considerations that influenced it are crucial to understanding the principles that underpin the current law, as well as its application and flaws. There are a variety of critiques of England and Wales’ current approach to sex work and the reforms put in place thus far, including criticism suggesting that the current law is in places confusing, dated and ineffective. I will suggest proposals for reform, aimed at clarifying and modernising UK sex work legislation. These proposals for reform will explore and compare existing alternative models that could potentially be adopted. The issues raised by legal transplants (i.e. ‘the moving of a rule or a system of law from one country to another or from one people to another’ in order for it to function as it did in the host jurisdiction ) are also a necessary consideration in the development of reform proposals.

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45

Chasovskih, Grigoriy. "Kinship and Social Strata of Medieval Wales in the Historians’ Writings of the 19th – 21th Centuries." Izvestia of Smolensk State University, no. 3 (55) (January 26, 2022): 195–212. http://dx.doi.org/10.35785/2072-9464-2021-55-3-195-212.

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The article is devoted to the historians’ views in the 19th – 21th centuries on medieval Welsh society. The main emphasis is on kinship, social strata and agricultural relations. At the beginning of the period under consideration, the society of medieval Wales was presented as a set of cattle-breeding agnatic clans that had been reorganized every time the older generation had changed. It was believed that society had consisted of the free and foreigners, that had been outside of the clan structure. Subsequently, the significance of dependent social strata was proved and several ways of social evolution were proposed. Towards the end of the study period, the society seemed less schematic and mechanistic. The historians proved that tribal structures had presented fairly amorphous formations. The emergence of land-poor free Welshmen was considered to be the result of political stabilization of the 12th century and the subsequent fragmentation of land shares. The boundaries between social strata were perceived less rigidly: impoverished free people could become dependent. However, the dichotomy between free and non-free people ceased to be dominant, the decisive role in the society passed to the dichotomy between nobility and simple men. Historians stopped trying to identify universal historical laws moving to more accurate and nuanced conceptions.

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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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FROST, GINGER S. "Claiming Justice: Paternity Affiliation in South Wales, 1870–1900." Rural History 24, no. 2 (September 13, 2013): 177–98. http://dx.doi.org/10.1017/s0956793313000071.

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Abstract:This article surveys 226 affiliation cases from South Wales between 1870 and 1900. Detailed study reveals both the reasons why most women did not try to get maintenance, but also why they had high levels of success when they did so. Once a woman got to the hearing, the interests of magistrates and the poor law guardians helped them ‘find fathers’ for their children. The guardians in particular assisted women in bringing cases by the 1890s. The fact that affiliation suits centred on sexuality by definition meant that magistrates did not penalise women for sexual nonconformity any more than the men involved, although both sexes faced limitations on their behaviour. These cases also reveal a great deal about local customs and attitudes towards sexuality. In the end, affiliation suits merely removed the most glaring abuses rather than tackling the larger issue of support for unmarried mothers and their children.

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Fincham, Derek. "A Coordinated Legal and Policy Approach to Undiscovered Antiquities: Adapting the Cultural Heritage Policy of England and Wales to Other Nations of Origin." International Journal of Cultural Property 15, no. 3 (August 2008): 347–70. http://dx.doi.org/10.1017/s094073910808020x.

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AbstractBlanket ownership laws, export restrictions, and the criminal law of market nations are the default legal strategies currently used by nations of origin to prevent the looting of archaeological sites. Although they have been remarkably successful at achieving the return of looted objects, they may not be the best strategies to maximize the recording and preservation of archaeological context. In England and Wales a more permissive legal regime broadly applied and adopted by the public at large has produced dramatically better results than the strong prescriptive regime of Scotland, which can be easily ignored.This article attempts to clear up any misconceptions of the cultural policy framework in England and Wales. It accounts for the legal position accorded undiscovered portable antiquities, and describes how this legal framework is perfected by a voluntary program called the Portable Antiquities Scheme (PAS). This approach stands in stark contrast to Scotland, which has used a legal strategy adopted by most other nations of origin.The domestic legal framework for portable antiquities in England and Wales is unique and differs from the typical approach. Coupled with the PAS, this legal structure has resulted in a better cultural policy, which leads to less looting of important archaeological sites, allows for a tailored cultural policy, and has produced more data and contextual information with which to conduct historical and archaeological research on an unprecedented scale. Compensating finders of antiquities may even preclude an illicit market in antiquities so long as this compensation is substantially similar to the market price of the object and effectively excludes looters from this reward system. Although the precise number of found versus looted objects that appear on the market is open to much speculation, an effective recording system is essential to ensure that individuals who find objects are encouraged to report them.

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Hwang, Maria Cecilia, and Rhacel Salazar Parreñas. "Not Every Family: Selective Reunification in Contemporary US Immigration Laws." International Labor and Working-Class History 78, no. 1 (2010): 100–109. http://dx.doi.org/10.1017/s0147547910000153.

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AbstractThis article questions the notion that family reunification is the cornerstone of US immigration policies and points to the violation of the right to family reunification in US law. It specifically looks at the forcible separation of legal residents from their families, including foreign domestic workers in the Labor Certification Program; US-born children with undocumented relatives, including parents and siblings; and guest workers. We argue that the growing influence of nationalist politics and big businesses trumps the interests of the family in US immigration policies, resulting in the prolonged and forcible separation of working-class and poor migrant families.

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KIRBY, PETER. "A brief statistical sketch of the child labour market in mid-nineteenth-century London." Continuity and Change 20, no. 2 (August 2005): 229–45. http://dx.doi.org/10.1017/s0268416005005564.

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The profusion of small trades and services that characterized the nineteenth-century London labour market makes it extremely difficult to arrive at any general understanding of the work of children and juveniles. This brief study employs published statistical materials and compares children's occupations in the metropolis with the national picture. It argues that London contained exceptionally low levels of children's employment compared with the rest of England and Wales. The preoccupation of metropolitan social observers with working children may have resulted from the fact that child employment in mid-nineteenth-century London was a marginal activity associated chiefly with the very poor.

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