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That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare's Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a 'gift' from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history.
The state police force of South Africa has acquired massive notoriety since its formation. Its officers have developed a reputation for routinely provoking violence and torturing suspects. As the key bastion of apartheid it is in urgent need of change. In Policing for a New South Africa Mike Brogden and Clifford Shearing evaluate the options for change. They critically analyse orthodos policing ideas imported from the West and contrast them with the indigenous model of independent policing from the townships of South Africa itself. Together they offer significant possibilities for the future. Importantly they suggest that rather than South Africans import ideas wholesale from the West, the latter countries, in the light of the failures of their own police systems have much to learn from South Africa.
This book examines and analyses the experiences of older people as both victims and perpetrators of crime. Drawing upon a wealth of research from British and North American sources, the authors detail the historical experience of the elderly as victims, the extent of present-day criminal victimisation in the home and institutions, the social theories which attempt to explain that experience, and the types of resolution available. The book also addresses the experiences of elderly people in the criminal justice process - the offences to which they are prone, and the implications for penal policy of an increase in the elderly penal population. Crime, Abuse and the Elderly breaks new ground in its focus on the experiences of elderly people as criminal victims in private space, its insistence on a proper engagement of criminology with crimes involving older people, and in its argument that much so-called abuse can be explained criminologically and should be dealt with by the criminal justice system rather than by treatment and welfare agencies. It will be essential reading for students, academics and professionals concerned with the experiences of the elderly.
"In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial--the first trial of Germans for Nazi-era crimes--or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten "forgotten trials" of the Holocaust, selected from the many Nazi trials that have taken place over the...
The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Legal scholars from Britain and the US have revised 11 presentations they made to the 14th British Legal History Conference on Parliaments, Juries, and the Law, held in Edinburgh in July 1999. Among their topics are the civil jury in modern Scottish legal history, Medieval Wales, English manorial courts, the origins of the confrontation right and hearsay rule, jury research in the English Reports on CD-ROM, forgery and the jury at the Old Bailey from 1818 to 1821, and malicious prosecution as a test case for the fate of the civil jury in late Victorian England. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Neighbours, Distrust, and the State shows that in the past, just like now, many poor people 'wanted something done' by government in their communities, examining how they thought about such things as the role of the police, compulsory schooling, housing estates, and other state provisions.
The first book to address the way that the broad and inclusive subject of legal history is researched and written.