Criminal Law History

Paper Summary:

This paper examines how the period of the industrial revolution was possibly the most influential period in the development of the criminal law and the associated institutions. It looks at how a shift from punishment to the beginnings of rehabilitation took place and how many fundamental concepts of a fair system were beginning to appear to create a solid foundation for what we have now. It also explores how the ideas of justice, equality, reasonableness and the rule of law took over from a simple system of revenge.

From the Paper:

"One of the most important changes that occurred during, and partially due to, the industrial revolution was the concept of democracy and the development of a central government with greater powers. This increase in centralisation led to a shift of control from landowners and representatives of the monarch to an elected body able to pass and execute laws on a national basis, rather than the execution being done on a local scale, or as Foucault puts it, a shift from sovereignty to government . This coupled with the migration of people out of the countryside and small rural parishes into sprawling cities broke down the social pattern that had been well established. No longer were people tied to land and thus the land owner, but a free market where people could freely sell their labour to the highest bidder."

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