A Radical Lawyer In Victorian England

The making of a chartist; the rise of physical force toryism; the road to Newport; the years of uncertainty; the General Strike; the Victorian working class and the law; the battle against the bond; on the eve of battle; the Big Strike; uncle Bobby in Lancashire; politics, parliamentary and revolutionary; mid-century malaise; the collapse of chartism; back to the coalfields; the Manchester martyrs; the final tragedy and the ultimate triumph; the people's attorney - a critical appraisal.

This is a study of how governments and their specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It traces the collapse, in the face of judicial interventions, of the regime for collective labour devised by the Liberal Tories in the 1820s, following the repeal of the Combination Acts. The new arrangements enacted in the 1870s allowed collective labour unparalleled freedoms, contended by the newly-founded Trades Union Congress. This book seeks to reinstate the view from government into an account of how the settlement was brought about, tracing the emergence of an official view - largely independent of external pressure - which favoured withdrawing the criminal law from peaceful industrial relations and allowing a virtually unrestricted freedom to combine. It reviews the impact upon the Home Office's specialist advisers of contemporary intellectual trends, such as the assaults upon classical and political economy and the historicized critiques of labour law developed by Liberal writers. Curthoys offers an historical context for the major court decisions affecting the security of trade union funds, and the freedom to strike, while the views of the judges are integrated within the terms of a wider debate between proponents of contending views of 'free trade' and 'free labour'. New evidence sheds light on the considerations which impelled governments to grant trade unions a distinctive form of legal existence, and to protect strikers from the criminal law. This account of the making of labour law affords many wider insights into the nature and inner workings of the Victorian state as it dismantled the remnants of feudalism (symbolized by the Master and Servant Acts) and sought to reconcile competing conceptions of citizenship in an age of franchise extension. After the repeal of the Combination Acts in the 1820s collective labour enjoyed limited freedoms. When this regime collapsed under judicial challenge, governments were obliged to devise a new legal framework for trade unions and strikes, enacted between 1871 and 1876. Drawing extensively upon previously unused governmental sources, this study affords many wider insights into the nature and inner workings of the mid-Victorian state, tracing the impact upon policy-makers of contemporary assaults upon classical political economy, and of the historicized critiques of labour law developed by Liberal writers. As contending views of 'free trade' and 'free labour' came into collision, an official view was formed which favoured allowing an unrestricted freedom to combine and sought to withraw the criminal law from peaceful industrial relations.

In The Law of Evidence in Victorian England, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book convincingly challenges the traditional view of the significance of Bentham's critique of the state of contemporary evidence law, and describes instead the extent to which ongoing common law developments had already anticipated many of the improvements for which Bentham has usually been credited as the instigator.

Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a critical moment when lawyers – whether leaders or rebels – sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.

Bridging the fields of political theory and history, this comprehensive study of Victorian reforms in marriage law reshapes our understanding of the feminist movement of that period. As Mary Shanley shows, Victorian feminists argued that justice for women would not follow from public rights alone, but required a fundamental transformation of the marriage relationship.

In recent years, social and legal historians have called into question the degree to which the labour that fuelled and sustained industrialization in England was actually ’free’. The corpus of statutes known as master and servant law has been a focal point of interest: throughout the eighteenth and nineteenth centuries, at the behest of employers, mine owners, and manufacturers, Parliament regularly supplemented and updated the provisions of these statutes with new legislation which contained increasingly harsh sanctions for workers who left work, performed it poorly, or committed acts of misbehaviour. The statutes were characterized by a double standard of sanctions, which treated workers’ breach of contract as a criminal offence, but offered only civil remedies for the broken promises of employers. Surprisingly little scholarship has looked into resistance to the Master and Servant laws. This book examines the tactics, rhetoric and consequences of a sustained legal and political campaign by English and Welsh trade unions, Chartists, and a few radical solicitors against the penal sanctions of employment law during the mid-nineteenth century. By bringing together historical narratives that are all too frequently examined in isolation, Christopher Frank is able to draw new conclusions about the development of the English legal system, trade unionism and popular politics of the period. The author demonstrates how the use of imprisonment for breach of a labour contract under master and servant law, and its enforcement by local magistrates, played a significant role in shaping labour markets, disciplining workers and combating industrial action in many regions of England and Wales, and further into the British Empire. By combining social and legal history the book reveals the complex relationship between parliamentary legislation, its interpretation by the high courts, and its enforcement by local officials. This work marks an important contribution to legal

'A Book About Lawyers' offers a unique view of the legal profession in Victorian London. Written by John Cordy Jeaffreson, this book covers various topics, such as legal education, legal corruption, love affairs of lawyers, and lawyers' fashion, amongst others. The book also includes amusing anecdotes and stories that will entertain those who are interested in legal history. Although some of the book's content is directed towards lawyers who are familiar with London's legal system, the book remains accessible to a general audience. It is an intriguing read for anyone who is curious about the legal profession's history and culture.

Irish revolutionary nationalism, initially dedicated to insurgency, quickly descended into less conventional violence. How successive British governments responded to this challenge and the extent of their respect for essential freedoms are the subject of The Fenian Problem. Dramatic and tragic rescues of arrested Fenian leaders, the formation of a Fenian squad to assassinate suspected informers and policemen, the bombing of a London prison, public executions of Fenians, the quality of British justice, and the struggle to develop counter-terrorism policies and an effective system of intelligence form the core of The Fenian Problem. Brian Jenkins adds new information to the established narrative of the movement, arguing that it resorted to terrorism in its pursuit of Irish independence. Jenkins discusses the parallels between the government's treatment of Fenian prisoners in the 1860s and their handling of the IRA in the 1970s as well as the similarities between the challenges posed by Fenians and those presented by Islamic insurgents, showing that nineteenth-century British and Irish history illuminate contemporary discussions of state security and liberal government responses to terrorism. Book jacket.