SOLON Crimes and Misdemeanours - Volume 1 - 2007
https://pearl.plymouth.ac.uk/handle/10026.1/8763
2024-03-29T02:36:17ZCrime, Violence and the Modern State
https://pearl.plymouth.ac.uk/handle/10026.1/8829
Crime, Violence and the Modern State
D'Cruze, Shani
2007-11-01T00:00:00ZChild on Child Killing: Societal and Legal Similarities and Dissimiliarities 1840-1890 and 1950-2000
https://pearl.plymouth.ac.uk/handle/10026.1/8828
Child on Child Killing: Societal and Legal Similarities and Dissimiliarities 1840-1890 and 1950-2000
Pegg, Samantha
This thesis contributes to research regarding social perceptions and legal responses to child criminality. It challenges existing preconceptions regarding the predictability of moral panic in such cases and the social perceptions of, and legal responses to, acts of child on child killing. It also challenges the efficacy of the moral panic model in successfully explicating the rise of moral panic. An in-depth study of two case examples, the Bulger case 1993 and the Burgess case 1861 is undertaken through the theoretical framework of the moral panic model. In order to establish conceptualisations of children at the time they are subsumed within the model an examination of the place of the child in socio-legal, criminological and historical discourse is undertaken to ascertain the dominant ideologies upon which the model has drawn. Resultantly, the rhetoric which has emerged from contemporary understandings of childhood, child victimisation and the child as threat is seen to fundamentally impact upon social receptions and legal responses to incidences of child on child killing. By undertaking a cross-historical interdisciplinary study this thesis addresses social and legal facets commonly overlooked in strict applications of moral panic theory. In doing such it allows episodes of child on child killing that have not resulted in moral panic to be explained in light of the social and legal factors that have contributed to this non-emergence, rather than dismissing nonemergence on the grounds of press disinterest or ineffective mobilisation of the moral panic model. The thesis then establishes that those factors the moral panic model is too rigid to accommodate: constructions of childhood, sentencing rationales and excusatory and justificatory rhetoric are those which ultimately dictate whether an incident of child on child killing will result in moral panic.
2007-11-01T00:00:00ZDeviance and Morals: a study of sixteenth-century Crete under Venetian rule: A first approach
https://pearl.plymouth.ac.uk/handle/10026.1/8827
Deviance and Morals: a study of sixteenth-century Crete under Venetian rule: A first approach
Tsakiri, Romina N
This article examines indicatively offences such as blasphemy, sodomy, adultery and bigamy and the penalties imposed by the Venetian authorities on the island of Crete in sixteenth century. As the sixteenth century was characterised by a strong tendency towards the moralisation of life in the states of Western Europe, State and Church focused on all forms of deviance from the Christian order: issues related to faith, individual behaviour, family life and sexuality, all became objects of discipline. The Venetian state, in collaboration with the church, also penalised offences related to Christian morality, in the island of Crete as well as elsewhere in the Venetian state. The attitude of the Venetian state towards Crete, differences between the city of Venice and the island in the administration of rules governing deviance and promoting moral standards were slight, despite the presence of a substantial Orthodox community. Although, in some offences related to family life Venetian law respected the customs of the Orthodox church. Furthermore, in some cases the treatment of Jews was stricter, as Jews were considered as a possible threat to Christianity and the social structure of the Venetian state. A more significant factor than religious difference on the treatment of these offences was class and economic status and gender. Finally, the moral discipline and strict control over aspects of community life was intended not only to promote the well-being of subjects, and therefore the administration of the state, but also the protection of the prestige, identity and financial interests of the ruling class of nobility.
2007-11-01T00:00:00ZUnpalatable in Word or Deed: Hostility, Difference and Free Expression
https://pearl.plymouth.ac.uk/handle/10026.1/8826
Unpalatable in Word or Deed: Hostility, Difference and Free Expression
Bryan, Ian
This article conducts a review of the principal tools used in English criminal law, from the early modern period to the present, to impose limits on free expression, particularly the freedom to exhibit hate‘, in pursuit of social order and to police the boundaries at which the acceptable is segregated from the unacceptable. Against this historical backdrop, the article assesses the controversial Racial and Religious Hatred Act 2006, pointing to (dis)similarities with the preceding Bill and with the incitement to racial hatred measures on which the 2006 Act is modelled. The discussion also explores whether, in light of European and domestic human rights law, the English law of blasphemy should be abolished. It continues with an evaluation of how far existing public order legislation, regarding racially or religiously aggravated‘ offences, are adequate to cover the ground addressed not only by the newly enacted incitement to religious hatred offences but also both the older incitement to racial hatred legislation and the common law as to blasphemy. It is argued that conflict over the mobilisation of criminal law to promote public civility is intrinsic not only to criminal law past and present but also to any pluralist polity committed to addressing social inequality.
2007-11-01T00:00:00Z