Freudian Slips and Coteries of Vice: The Sexual Offences Act of 1967*

The Sexual Offences Act 1967 made the first inroads to decriminalising men's homosexual sex since buggery was made a capital offence under Henry VIII. The act was drafted at the direction of the 1957 Wolfenden report, but bore the distinct hallmark of individuals of the 1967 parliament. More complex than the dictated product of Wolfenden, and more idiosyncratic than a simple reflection of the social climate of the 1960s, the private member's bill was a Labour initiative with bipartisan support, driven in the Commons by the bizarre motivations of its sponsor, Labour member for Pontypool, Leo Abse. Contrary to popular myths about the aims of decriminalisation, Abse's crusading Freudian motivation was concerned with discouraging, more than allowing, homosexual behaviour. Similarly, ‘privacy’– the gift of the house of lords to sexual regulation – was aimed largely at curtailing men's sexual practices, along with secreting them away. Thus, while the act is typically associated with a general ideal of freedom, much parliamentary motivation concerned control and the prevention of sexual activities.     

Sexual crime in the Irish Free State 1922–33: its nature,extent and reporting

This paper explores sexual crime in the Irish Free State through the utilisation of hitherto unexamined files held in the National Archives in Dublin. An exploration of these files has provided a deepening understanding of the realities of sexual crime, societal attitudes towards it and the views of those charged with protecting the public. The files also provide valuable insights into attitudes towards female sexuality, the nation's youth and the rights of children. Additionally, the files have facilitated the widest study, to date, of the reporting of sexual offences trials by local and national newspapers – a study that shows that the overwhelming majority of sexual crime prosecutions were never reported in the nation's press and that those that were, were reported in ways that obscured the actual nature of the offence or portrayed them as alien, non-Irish crimes committed by outsiders. The article demonstrates that sexual crime in the Free State was an ideological as well as a law enforcement issue in a newly emerging state sensitive to the views of its enemies and the outside world and insecure about its place in it, a nation that legitimised itself, in no small part, as a beacon of Celtic Catholic purity in a world otherwise sullied by sin.     

What the Political Corruption Scandal of 2015 Reveals about Checks and Balances in Vanuatu Governance

A series of dramatic events occurred in Vanuatu in late 2015 involving the conviction of 15 MPs for bribery, purported pardons given by the acting president and a contested dissolution of parliament. This paper analyses the significance of these events from both a political and legal perspective, in particular, considering the extent to which they were unprecedented and exceptional in terms of Vanuatu’s history. Certainly, the trial and conviction of almost 30 per cent of Vanuatu’s parliament sets a new standard not only for Vanuatu and the rest of the Pacific, but quite possibly globally as well. The outcome of the various legal processes resulted in the first ever convictions under Vanuatu’s Leadership Code Act, setting an important precedent for more active use of this legislation in future. Politically, however, these events were by no means the most serious of the numerous dramas that have characterised Vanuatu’s history since independence. Indeed, the events of 2015 underline that constitutional power is distributed and exercised reasonably broadly in Vanuatu with the president, the speaker of parliament and especially the court system all playing key roles, alongside prime ministers and opposition leaders, in the outcomes of political contestation. While we have no wish to downplay the seriousness of such a large number of convictions, the events of 2015 nevertheless suggest a degree of underlying strength and resilience in Vanuatu’s governance framework.     

A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

Parliament,the Church of England and the Last Gasp of Political Protestantism, 1963–4

Political protestantism has been an enduring theme in parliamentary and ecclesiastical politics and has had considerable influence on modern Church and state relations. Since the mid 19th century, evangelicals have sought to apply external and internal pressure on parliament to maintain the ‘protestant identity’ of the national Church, and as late as 1928, the house of commons rejected anglican proposals for the revision of the prayer book. This article examines the attempts by evangelicals to prevent the passage through parliament of controversial measures relating to canon law revision in 1963–4. It assesses the interaction between Church and legislature, the influence of both evangelical lobbyists and MPs, and the terms in which issues relating to religion and national identity were debated in parliament. It shows that while evangelicals were able to stir up a surprising level of controversy over canon law revision – enough for the Conservative Party chief whip, Selwyn Lloyd, to attempt to persuade Archbishop Ramsey to delay introducing the vesture of ministers measure to parliament until after the 1964 general election – the influence of political protestantism, and thus a significant long‐term theme in British politics, had finally run its course.     

‘Raising Sand,Soil and Gravel’ Pardon Refusers On-Board Prison Hulks (1776–1815)

For a short period of time at the end of the eighteenth-century and the beginning of the nineteenth-century a small number of convicted felons refused the offer of a royal pardon. Drawing heavily on evidence from The National Archives this article considers the possible and actual fate of fifty convicted felons on-board prison hulks at the turn of the nineteenth-century who declined the offer of pardons on condition of serving in the army abroad. Who were these convicts and why did they refuse the offer of a pardon? What were the choices they faced and how successful a strategy was refusal in terms of survival, freedom and a return to friends and family? This article bridges the gap in literature that exists between work on discretion (King, Gatrell, Hay et al.); prison hulks (Branch-Johnson and Campbell) and transportation (Bateson, Hughes, Morgan and Rushton) while challenging and developing the understanding of the motivations of the pardon refuser, set out by Devereaux and MacKay, but within the context of the forgotten prison hulks.     

Writing Scottish Parliamentary History,c.1500–1707

In the 19th and 20th centuries, scholarship on the Scottish parliament was heavily informed by a narrative of ‘failure’, directed at explaining why its members voted it out of existence in 1707. Part of the problem was the tendency to see any deviation from the practices of the Westminster parliament as weakness. By reappraising parliament in terms of its utility to those who comprised its membership, notably the titled peerage and the monarch, historians have revealed its adaptability and inventiveness, especially in times of crisis. This essay considers how fresh approaches both to what constituted the parliamentary record and what can – and cannot – be found within it have exerted a transformative influence on our understanding of parliament's evolving role in Scottish political life. Although the Reformation crisis of 1560 and the accession of the ruling house of Stewart to the English throne in 1603 effected profound changes on parliamentary culture, this essay emphasises how parliament sustained its legitimacy and relevance, in part, by drawing on past practices and ideas. Historians have become more attentive in recent years to the means by which social groupings ordinarily excluded from formal parliamentary activity were nonetheless able to engage with, and influence, its proceedings. Gaps remain in our knowledge, however. Some periods have been more intensively studied than others, while certain aspects of parliamentary culture are understudied. The writing of Scottish parliamentary history will continue to offer rich possibilities in future.     

Enoch Powell,Parliament and Europe

In recent years, there has been substantial academic reappraisal of Enoch Powell alongside a growing public realisation, increased by the debate over Brexit, that his interests were wider than immigration and notably included opposition to British membership of the European Community – a topic that this article probes further. It begins by examining Powell's understanding of the British nation as a unitary state, centred on parliament, that underpinned his interpretation of both Conservatism and Unionism. Then, covering the period up to the 1975 referendum, the article analyses exactly how Powell argued that membership of the European Community threatened parliamentary sovereignty. It situates Powell's thinking in the context of arguments made by others and explores the connections made by Powell between the threat from Europe and the history of parliament itself, particularly the formation of the unions with Scotland and Ireland. The article shows that while Powell's arguments were marginalised in the later 1970s and for much of the 1980s, they were revived from the early 1990s – albeit in a changed constitutional context.     

Parliament and the People in Medieval England

This article traces the relationship between parliament and the ordinary people of medieval England, mainly peasants but including townsmen, between about 1270 and 1450. In charting the early history of representation prior to 1270, it outlines the transition from representation of the people by the country's magnates, to the socially broader system of representation through the election of shire knights and town burgesses. Two themes emerge: the growth of the electorate, from the probable presence of freeholders among the electors in the county court under Edward I, to the enfranchisement of the 40s. freeholders by the famous statute of 1430; and the changing nature of petitions to parliament, from the complaints of individuals to those presented by the Commons on behalf of the nation. In the history of both these themes, the Black Death and subsequent plagues marked a turning point. In drastically reducing the population, the plagues brought prosperity to many of the peasant survivors – men who sought a place among the electorate in the early 15th century. And in threatening the income of the gentry through higher labour costs, the plagues fundamentally changed the attitude of the Commons in parliament towards the people. Until about 1350, the Commons had spoken up for their interests, in the face of Edward III's oppressive wartime demands; but from that time onwards, the Commons set their collective face against the rising claims of a potentially more prosperous people. The article pays special attention to the position of the villeins, whose relationship with parliament differed considerably from that of the freeholders.     

Black Rod and the Office of Usher of the Parliament Chamber

The gentleman usher of the black rod has long been acknowledged as an officer of the house of lords. Yet he was in origin an officer of the order of the Garter with no necessary connection with parliament. This note aims to throw light on the process whereby this association came about. By 1509, the house of lords had the services of an usher of the parliament chamber, a post always held in conjunction with an office in the royal household. By 1558, this post was being exercised by one of the gentlemen ushers daily waiters, who had been granted the office of black rod as an additional perquisite in 1554. From this point it became customary for the offices of black rod, daily waiter and usher of the parliament chamber to be held by one man. This association was broken in 1620, when the then usher relinquished the office of daily waiter but retained his parliamentary functions together with the office of black rod. In 1631, a decree was promulgated annexing the office of black rod to that of one of the gentlemen ushers daily waiters but it was only from 1660 that this became fully effective.     

The Origins of Tunnage and Poundage: Parliament and the Estate of Merchants in the 14th Century

By establishing the dates and political context of all early grants of the subsidy of tunnage and poundage, this study provides new evidence for the relationship between parliament and the so-called 'estate of merchants' during the third quarter of the 14th century. Until the 1370s, tunnage and poundage was granted by the king's council with the assent of groups of merchants; it was only at the end of Edward III's reign that grants of the tax began to be made in parliament, and only from the mid 1380s that it became fully integrated into the customs system. Throughout the period of experimentation, the subsidy was intended for a specific purpose: the defence of the coasts and of English shipping. This partly explains why the crown chose to discuss it with groups of mariners and merchants rather than with the Lords and Commons in parliament. The chronology therefore calls into question assumptions about the collapse of the estate of merchants in the 1350s and the take-over of its fiscal and political agenda by the burgesses in the parliamentary Commons. Through an analysis of petitions made in the name of the 'merchants of England', it can be shown that crown and parliament alike continued to recognize this group as a distinct political entity for the rest of Edward III's reign. The decisive shift came not in the 1350s but in 1382, when the merchants themselves acknowledged that the appropriate place to determine the crown's financial policies was, indeed, in parliament.     

MPs on the Subject of STEMM: What Can Oral History Tell Us?*

A growing collection of archived oral history interviews with former MPs offers historians new opportunities to study the influences that have directed MPs’ routes into elected office and their behaviour in the house of commons. This article draws on evidence in the interviews to consider the extent to which an MP's background in science, technology, engineering, maths, and medicine (so-called STEMM subjects) has contributed to his or her activity as a parliamentarian. When concerns are raised about the House's capacity to effectively debate and scrutinise legislation concerning STEMM matters, those concerns are often accompanied by calls for more MPs with a STEMM background. Listening to these oral history interviews to hear what individual MPs say about their connections with STEMM – whether before, during, or after their time in the Commons – provides an insight into the relevance of having a STEMM background as an MP and offers explanations as to why MPs with a STEMM background are in a minority in the House. As such, this examination of historical material contributes to the ongoing debate about the role of STEMM experts in parliament while demonstrating the value of consulting archived oral history interviews when researching 20th-century parliamentary history.     

Monks and children: corporal punishment in Late Antiquity1*

This article examines the place of corporal punishment in early monastic discipline. By comparing the role assigned to corporal punishment in a variety of monastic rules from across the late antique Mediterranean, from the Rules ascribed to Pachomius (d. 348), to the Rule of Benedict from the mid-sixth century, it demonstrates that late antique monastic writers had a sophisticated and ordered approach to this type of penalty. This approach drew both on the concept of the absolute authority of the punishing father in Scripture, and on the limitations of Roman social expectations and ancient educational values to such absolute authority. As a result corporal punishment was seen either as a last resort when all other disciplinary measures had failed to bring about a reasonable response, or the appropriate punishment for an offence that originated from irrational conduct. Contrary to ancient household practices, however, which seem to have reserved corporal punishment for small children and slaves – conventionally perceived to lack ability to reason – late antique monastic rules invoked corporal punishment as a possibility for every member in the community who demonstrated irrational behaviour. In this way they blurred traditional boundaries between children, slaves and adults.     

Governmentality and comic propaganda: Mighty Man,the black superhero of apartheid

Recent years have seen growing academic interest in the proliferation of a distinct genre of African superheroes. There is, however, a much longer – and at times, problematic – history of superheroes in and from Africa, a history often heavily infused with colonial and imperial ideology. Using the 1970s South African Mighty Man comic book series, this article highlights how popular culture and media can be used as covert and mundane tool of governmentality. Mighty Man can be understood as a technique of power deployed in service of the apartheid regime's philosophy of separate development, illustrating the use of popular culture as a technology of (colonial) governmentality. The landscapes, narratives and additional content of Mighty Man were used in efforts to instil and frame a conduct of conduct amongst Black subjects – both in accepting separate development and the apartheid government, and in framing the everyday practices and dispositions that would allow for governing at a distance by the white minority regime. Mighty Man provides a powerful example of state-commissioned, covert comic propaganda which was indelibly framed by government policy and an ambition to create and impose a set of values and ideals around the dispositions, behaviour and actions of Black subjects. Ultimately, Mighty Man embodied a segregationist fantasy in which the absence of non-Black characters both denied the possibility of inter-racial contact and normalised social and spatial segregation – as well as class-based aspirations – while simultaneously promoting the conduct of conduct amongst subjects that would maintain these divisions. Through the construction of moral township landscapes, the Mighty Man series not only sought to regulate the conduct of the colonised subject through the condemning of ‘immoral’ behaviours but also attempted to offer illusory hopes of aspiration and freedom.     

Why the History of Parliament Has Not Been Written*

There have been legions of individual studies of the history of the English/British/United Kingdom parliament, which is not surprising, since its history is widely acknowledged to be so closely bound up with the history of the nation state itself. But there have been remarkably few attempts to put the story together, to try to consider the long‐term development of parliament as an institution. What would such a story look like? This essay discusses some of the critiques of the whiggish narrative of constitutional and parliamentary development to recognise a common theme in whiggism's tendency to anthropomorphise parliament, to describe it as a single organism with agency and purpose. To forgo that temptation, however, makes it difficult to provide a satisfying narrative of parliament over time. The essay tries to imagine how one might construct a history of parliament as an institution which no longer sees it as an actor in its own story, but, instead, a complex collection of ideas, processes, customs, and conventions, which competing forces struggle to organise in order to achieve their goals, and which is also an arena and forum for that competition.     

‘But Private Notes for My Own Memory’? Parliamentary Diaries,Parliamentary History and the Politics of Information in Early Stuart England*

Early modern parliamentary diaries are a standard source for historians, and have long been used as a supplement to the official journals in reconstructions of debates and business at Westminster. This article adopts a contrasting approach and examines what diaries – viewed as sources in their own right – reveal about parliament and its members, methods of contemporary note-taking, and the circulation and readership of political information. It begins with a review of the evidence for why, how, and to what ends members kept parliamentary diaries, before exploring the extent of their dissemination in early Stuart England. While recent literature has emphasized the circulation of materials relating to Jacobean and especially Caroline parliaments during the early 17th century, the article recovers the existence of a simultaneous interest in the parliamentary proceedings of the Elizabethan era. At a time when the future of parliament seemed uncertain, it argues that the evident market for, and readership of, Elizabethan material reflects contemporaries’ increasing recognition of parliament's significance within the English state and their changing attitudes towards parliamentary history. Moreover, while Elizabethan parliamentary diaries and journals seemingly reinforced memories of a past ‘golden age’ of parliamentary rule, the article contends that contemporaries’ production, dissemination, and reading of that material was a conscious form of political action in response to the constitutional crisis of their day.     

Western leveraged pedagogy of Central and Eastern Europe: discourses of homophobia,tolerance, and nationhood

This article focuses on the relations between the two geo-temporal categories – Central and Eastern Europe (CEE) and West/Europe – in discussions about sexual politics, homophobia, tolerance, and nationhood. It contributes to the existing literature about homonationalism and sexual nationalisms by introducing CEE to the debate's geographical loci, so far mostly invested in West/Europe and its relations to Islam. It argues that it is important to consider CEE in sexual nationalism debates because of its framing as the European (homophobic) Other in the emerging discourses of ‘homoinclusive Europe’. This article introduces the concept of leveragedpedagogy, which captures the specificity of the West/Europe – CEE discourses of sexual liberation, advancement, and backwardness. Leveraged pedagogy is a hegemonic didactical relation where the CEE figures as an object of the West/European ‘pedagogy’, and is framed as permanently ‘post-communist’, ‘in transition’ (i.e. not liberal, not yet, not enough), and homophobic. Such ‘taking care of’ CEE, it is argued, is a form of cultural hegemony of the Western EUropean liberal model of rights as the universal.     

The playwright who dramatised his own war record: a reassessment of William Douglas-Home’s accounts of his refusal to fight for the liberation of Le Havre

At a court martial in October 1944, William Douglas-Home was convicted of wilfully disobeying a lawful command because he claimed a moral justification to do so. Cashiered and jailed for his offence, he would return to the events that occasioned his refusal throughout a long career as a playwright. In his post-war accounts, Mr Douglas-Home developed a defence of his decision that depicted it as principled. He submitted petitions in which he sought to overturn retrospectively the court martial ruling. This essay argues that he concocted the accounts of his actions on which his efforts to revise the record were based.     

Understanding the spatialities of sexual assault against Indian women in India

Both domestic violence (DV) and sexual assault against women (SAAW) in public spaces continue to be significant problems facing Indian society. Moreover, the link between DV and SAAW is also commonly misconstrued. Adding to this confusion is the way in which forms of violence against women (VAW) – battering, rape, molestation and sexual abuse – lacks spatial and contextual analysis. There was nationwide outrage over the Nirbhaya incident of 16 December 2012, which escalated the issue of VAW to the centre stage of political debates. Indeed, the Nirbhaya incident has intensified the need for understanding the spatialities of SAAW in India and propelled the Government of India to pass the Criminal Law (Amendment) Bill, 2013. Using a questionnaire survey supplemented by open-ended interviews, the research aims to understand how social and patriarchal norms allow SAAW to persist. The research narratives reveal that the contours of DV, leading to sexual exploitation of women, often spill over to the public spaces, thereby restricting women's mobility and creating fear of its (re)occurrence. Finally, I urge for reforms to tackle VAW while using Criminal Law (Amendment) Act, 2013 as an asset for reform.