Thoughts on Victoria Bates (2016): ‘Under Cross-Examination She Fainted’: Sexual Crime and Swooning in the Victorian Courtroom’, Journal of Victorian Culture (2016)
As an openly medievalist legal historian, I am not a regular reader of this journal, but am glad that I was put on the trail of this very interesting study of the fascinating but frustrating world of the Victorian trial. There is so much information, in comparison with the trials of earlier eras (and – hurrah – no Latin), and yet it often feels as if the most important things remain annoyingly opaque.
The author makes a good point about the various meanings and readings of fainting/loss of consciousness in women, in connection with sexual offences and sexual offences trials. The volume of court records studies is such as to impress the most train-spottingly completist legal historian (guilty), and the material brought in here is a valuable addition to the burgeoning literature on sexual offences, and attitudes to them, in the nineteenth and twentieth centuries. The whole thing got me thinking about whether the use of the swoon in descriptions of sexual offences was something of a compromising device – getting a jury on the side of the prosecutrix in a trial for an offence less than rape (most of the cases covered here are ‘lesser offences’), whilst perhaps making the facts as presented less of a ‘fit’ for rape (even if the act was in fact completed) because there would be a problem in relation to lack of demonstrated absence of consent.
J.M. Moore, ‘Reformative rhetoric and the exercise of corporal power: Alexander Maconochie’s regime at Birmingham prison 1849-51’, explores the wide gap between what was said and what was actually done by this former Australian penal settlement gaoler in the new prison at Birmingham, and provides an important correction to the former positive view of his practices. Maconochie’s ‘mark system’ ideas of task-based sentences leading to mental submission are quite well known. The lack of political approval of a trial of the mark system in the domestic context is interesting, however, and the evidence on actual practice in Birmingham given here is, however, illuminating (in a dark way). Unable to link tasks/behaviour and length of sentence, Maconochie linked these things to food and conditions in a very harsh way, and was rather keen on flogging boys and imposing lengthy physical restraints on women. A lack of respect for the need to record such punishments, and the use of his family members in various unofficial roles in the prison combine to give the impression of an arrogant man who did not respond well to frustration, and was determined to try and push through his theories, despite opposition. (I would like to hear more about his wife’s attempts to use mesmerism and homeopathy in the reform of prisoners though).
B. Lambert and W.M. Ormrod, ‘A matter of trust: the regulation of England’s French residents during wartime, 1294-1377’ looks at the treatment of suspect aliens during periods of uncomfortable relations with France, under the first three Edwards. The article notes the flexible response of government at various levels to the ‘problem’ of aliens. ‘Nationality’ was not regarded as a simple or conclusive matter at this point, before the late-14th C introduction of the formal process of ‘denization’ became established. Important differences between the treatment of ‘alien priories’, nobles and those of lower social rank are noted here, with the suggestion of a move from heavy to more flexible regulation in the case of the last group which may be at odds with expectations from earlier research on alien priories and nobles. The central argument is well made and there is much hard-won and useful detail on practice. From a local point of view, it is interesting to see the lack of desire to aggravate foreigners evident in the report of a mayor of Bristol, asked in 1337 to assess and identify the property in the city which was held by Frenchmen, for purposes of confiscation, who chose to say that there just wasn’t any (which was surely untrue) (p.12). Thinking more widely, this article provides very useful ideas and material to include in historical (and current political) work on the nature of nationality and allegiance, and on immigration, beyond the medieval period.
Worth a look: R.W. Ireland, ‘Criminology, class and cricket: Raffles and real life’. Legal Studies article
Legal Studies has not always been known for its articles on Legal History, but there is a good one in the current issue – Richard Ireland’s consideration of the Raffles stories in their historical context. These stories, once extraordinarily popular, deal with the adventures of a cricket-playing gentleman burglar. I have never been a fan of them (cricket, gentlemanly caddishness – enough said) but they certainly were a striking success, and this article is an original exploration of their relevance to ideas of crime, ‘criminal classes’ and professionalism, past and present.
I am even less of a fan of Foucault than I am of cricket, and it is unfortunate that anyone looking at the history and theories of criminology and penology feels obliged to mention Foucault. Although Ireland does not reject Foucault, it is good to see him gently pointing out that those who have actually looked at prison history are less likely to be enamoured with his work than some social scientists. Give me Maitland any day.