Punishing convicted ravishers: statutory strictures and actual practice in thirteenth and fourteenth-century England

Several thirteenth-century English statutes provided increasing sanctions for ravishment or abduction of wards and wives. The penalty for conviction as a ravisher came to include a term of “penal servitude”, as well as the payment of damages to the plaintiff and an amercement to the crown. The evidence of the cases decided in the common law courts indicates that the payment of damages precluded penal servitude and that arrangements to pay made while in jail effected the prisoner's release before the term ended. Disregard of the ‘penal’ provisions and the continued use of jail or its threat to ‘coerce’ a defendant into compliance with the award of the court illustrate the disjunction between legislation and legal practice. That statutes about ravishment cannot be taken as self-enforcing contributes to the growing body of scholarship reminding us that history cannot be written from the statute books alone.     

The 'greening' of global project financing: the case of the Sakhalin-II offshore oil and gas project

This article responds to a plea for economic geographers to play greater attention to the world's resource peripheries. The article presents a detailed case study of oil and gas development offshore of Sakhalin in the Russian Far East. The study serves to illustrate the complexity of resource peripheries and to demonstrate how a critical approach to resource geographies aids economic geographic theorization of globalization. The case study focuses on how the 'greening' of global project financing has created a means by which environmental non-governmental organizations hold the international oil companies to account. The article describes the transnational advocacy network that has developed to protest against the Sakhalin-II project. The key issues are identified and the response of the operator, Sakhalin Energy, is considered. Finally, the recent actions of the Russian Government in relation to the environmental impacts of the Sakhalin-II project are examined. The article concludes by assessing the ways in which the Sakhalin case demonstrates the complex processes that construct resource peripheries and how such analyses contribute to the development of a truly global economic geography. Le 'verdissement' du financement de projets à     

Punishing convicted ravishers: statutory strictures and actual practice in thirteenth and fourteenth-century England

Several thirteenth-century English statutes provided increasing sanctions for ravishment or abduction of wards and wives. The penalty for conviction as a ravisher came to include a term of “penal servitude”, as well as the payment of damages to the plaintiff and an amercement to the crown. The evidence of the cases decided in the common law courts indicates that the payment of damages precluded penal servitude and that arrangements to pay made while in jail effected the prisoner's release before the term ended. Disregard of the ‘penal’ provisions and the continued use of jail or its threat to ‘coerce’ a defendant into compliance with the award of the court illustrate the disjunction between legislation and legal practice. That statutes about ravishment cannot be taken as self-enforcing contributes to the growing body of scholarship reminding us that history cannot be written from the statute books alone.     

Pure Minds,Pure Bodies,Pure Lips: Religious Ideology and the Juvenile Convict Institutions at Carters' Barracks and Point Puer

During the transportation period, Britain sent 25,000 convict boys to Australia. While the proportion of juveniles was fairly low for the first thirty years, by the mid‐1820s increasing numbers were sent, with the growing argument that transportation might affect a reformation amongst the boys. Religious ideology was central to that argument. Institutions were built in Sydney and Port Arthur where boys would be taught to read, work, and fear God. This article considers the interrelationship between the authorities, the clergy, and the boys at Carters' Barracks and Point Puer, suggesting that religion and religious penal practices created dynamic points of interaction. When it came to being “reformed,” the boys were anything but passive recipients. Religious penal practice was far more than just an instrument of the hegemonic powers. Instead, it was a dynamic discursive and political space characterised at different times by resistance, compliance, and subversion of the areas of learning, cleanliness, and language. This article therefore considers not merely the religious practices of the penal institutions but also the varied manner in which the boys responded to those practices.     

Colonization, kidnap and confinement in the Andamans penal colony, 1771–1864

This paper explores practices of kidnap and confinement in the Andamans penal colony, for the period 1771-1864. It argues that during the eighteenth and nineteenth centuries indigenous captivity was key to successful colonization. The British kidnapped islanders in an effort to educate them about the supposed benefits of colonial settlement, and in the hope that they would become their cultural advocates. The paper shows also that the close observations that accompanied the confinement of islanders informed global discussions about ‘race’ and ‘origin’, so that the Islands were brought into a larger global frame of understanding around indigenous - settler contact. The paper draws out some of the complexities and specificities of the colonial encounter in the Andamans. It argues that with respect to sexual violence, there was a significant gender dimension to colonization and confinement. Finally, it suggests that in a settlement comprising a penal colony and its associated infrastructure (and no free settlement) there were no straightforward distinctions between ‘colonizer’ and ‘colonized’. Rather, there were significant overlaps between the treatment and experiences of convicts and islanders, and these expressed something of the inherent ambiguities of the penal colonization of the Andamans itself.     

Conformity and resistance in the Victorian penal system: archaeological investigations at Parliament House,Edinburgh

Abstract

Archaeological investigations at Parliament House in Edinburgh included the recovery of artefacts from a void discovered during building works. This space had been used as undercourt jail cells in the late 19th century, a time of penal reform. The assemblage contains items representing domestic, light industrial and clerical activities, as well as personal items such as children's toys and women's clothing. The Victorian penal code, contemporary accounts of prisoners, warders and chaplains, and historical and criminological studies suggest that they reflect not only the Prison Board's attempt to enforce conformity but also prisoners' and prison employees' resistance to the system.     

从《孟子尽心上》第三十五章解读“亲亲相隐不为罪”

亲亲相隐不为罪是我国封建社会刑法中关于定罪量刑的一项重要的基本法律原则。这一刑罚原则自我国春秋时期确立以来,在我国历朝历代的刑律中均有所体现。亲亲相隐不为罪有利于维系整个社会道德体系正常发展,并在协调人际关系、梳理人伦道德,缓和社会矛盾等方面均有着不可替代的优势。     

Ghosts of Sorrow,Sin and Crime: Dark Tourism and Convict Heritage in Van Diemen’s Land,Australia

Established as a British imperial penal colony, Van Diemen’s Land received approximately 75,000 convicts before cessation of convict transportation in 1853. A vast network of penal stations and institutions were created to accommodate, employ, administer, and discipline these exiled felons. Popular interpretations of Australia’s convict past highlight dynamics of shame, avoidance and active obliteration that characterized Australia’s relationship to its recent convict past. Yet, closer examination of these colonial institutions suggests a far more ambivalent relationship with this “dark heritage,” evidenced by continuous tourism and visitation to these places of pain and shame from the mid-nineteenth century to the present.     

Public Leaders in Regional Economic Development

This paper focuses on the role of public leaders in regional economic development from a community-building point of view. According to the basic hypothesis, the role of leaders rises everywhere during periods of instability, but remains always relevant in economic peripheries. Inspired by the chaos theory, we argue that leaders have decisive roles during unstable periods or chaos in a society when a very small fluctuation may qualitatively change the direction of development. Our second point here is that leaders will always be in key positions on economic peripheries where a general lack of human resources and a thin institutional thickness exist. The theoretical discussion refers to Weber's Schmalenbach's 'emotional community'/'Bund' concepts and Gumilev's theory of ethnogenesis and tries to plant these approaches within the present day framework. The empirical case study describes a perfect leadership and a successful community-building process in Emmaste Community, Estonia.     

Cesare Beccaria’s On Crimes and Punishments: the meaning and genesis of a jurispolitical pamphlet

At the heart of the criminal reform proposed in Cesare Beccaria’s 1764 Dei delitti e delle pene (On Crimes and Punishments) are the principles of penal parsimony derived from a precise interpretation of the social contract. Punishment, being no more than a necessary evil devoid of any intrinsic virtue, must serve no more than a preventative function to the smallest possible extent; its application strictly bound by the principle of legality. Beccaria’s criminal philosophy, therefore, attempts to drastically reduce the power of the penal institution. After recounting its principal aspects, this article seeks to propose a new interpretation of Beccaria’s theory from the perspective of its historical context. The Italian Enlightenment philosopher did not so much express indignation against the barbarism of the Milanese penal system, but rather instigate a rebellion against the political dominance of its patriciate, whose power had long been validated by its juridical functions. In this respect, Beccaria sought to combat the political hegemony of the jurists, concluding his treatise by excluding juridical thought from, and thus removing the intellectual foundations of, the practice of criminal law.     

永佃权与清代农民生活

永佃权与农民的生活息息相关。刑科题本中有关永佃权的案例以及契约书和方志的记载,再现出了清代农民生活的状况。     

From convicts to colonists: the health of prisoners and the voyage to Australia, 1823-53

From 1815, naval surgeons accompanied all convict voyages from Britain and Ireland to the Australian colonies. As their authority grew, naval surgeons on convict ships increasingly used their medical observations about the health of convicts to make pointed and sustained criticisms of British penal reforms. Beyond their authority at sea, surgeons' journals and correspondence brought debates about penal reform in Britain into direct conversation with debates about colonial transportation. In the 1830s, naval surgeons' claims brought them into conflict with their medical colleagues on land, as well as with the colonial governor, George Arthur. As the surgeons continued their attempts to combat scurvy, their rhetoric changed. By the late 1840s, as convicts' bodies betrayed the disturbing effects of separate confinement as they boarded the convict ships, surgeons could argue convincingly that the voyage itself was a space that could medically, physically and spiritually reform convicts. By the mid-1840s, surgeons took the role of key arbiters of convicts' potential contribution to the Australian colonies.     

Transnational Histories of Penal Transportation: Punishment,Labour and Governance in the British Imperial World, 1788–1939

From the seventeenth to twentieth centuries, approximately 380,000 transportation convicts journeyed to and around locations across the British Empire. This article explores the scale, reach and significance of these convict flows in the period after 1788, arguing for a transnational history of penal transportation in the Australian colonies and Indian Ocean. It quantifies convict numbers, and maps convict destinations, providing comparative data on their intra-imperial character to construct a new cartography of criminal justice and Empire. Focusing on Asian convict flows, this enables an articulation of the relationship between transportation, population management and repression, as well as other forms of coerced labour migration, including African and Asian enslavement and indenture. The history of penal transportation proposed here thus moves beyond an exploration of its role in the outward metropolitan expansion of Empire, and towards an appreciation of its importance in labour extraction and governance within the larger imperial world.     

Linking polycentricity concepts to periphery: implications for an integrative Austrian strategic spatial planning practice

This contribution searches for a regional planning conception that allows for a mutual recognition and practical translation between strategies for urban regions and peripheries beyond separate urban and rural categories; taking the Austrian strategic spatial planning context as the example. For this, various notions of polycentricity are discussed and assessed with regard to periphery. The Austrian strategic spatial development concept ÖREK sets out a focused work programme with changing responsibilities and participation of actors. The objectives are targeted and the processes are implementation oriented. Amongst other topics, urban regional issues and peripheral, declining regions are worked on separately. A conceptually integrative, plan-like strategic instrument across the topics and for the whole of Austria is lacking. The ESPON notion of ‘inner peripheries’ is proposed as a complementary concept to the ESDP notion of polycentricity, helping to create a bridge between urban regional and periphery strategies. This has the potential to guide strategic planning practice efforts in Austria towards a yet missing strategic spatial plan for the whole of the country beyond urban and rural categories. Practice relevant conclusions related to the case of Austrian strategic spatial planning are drawn and a need for further, comparative research in a European context is identified.     

Reinventing the penitentiary: Punishment in Florida, 1868–1923

This study of the origins and development of Florida's state prison system, and the shift from the penitentiary to convict leasing in the 1880s, examines the relationship between penal practice in one Southern state and Foucault's conception of penal modernity, and the connections between race and gender and leasing. It argues that convict leasing which emerged from the failure of the penitentiary in Florida, reflects the continuity of an older model of punishment centering on punishing the body physically. Discipline and surveillance were essential features of Florida's convict lease system, but the absence of massive walls, individual cells and regimes of silence meant this Southern model conducted on private turpentine farms and phosphate mines was very different from the original Auburn and Pennsylvania penitentiaries.     

THE RELEVANCE OF THE WORLD‐SYSTEM APPROACH IN THE ERA OF GLOBALIZATION OF ECONOMIC FLOWS AND NETWORKS

Is world‐systems analysis of any relevance to present‐day economic flows? By using methods in line with the world‐system and dependence theories, we show that economic flows – trade and foreign direct investment – still deeply separate core and peripheries. On the one hand, through the analysis of the trade by products, we show that core countries hold on to a higher position in the international division of labour. On the other hand, by using network method, we highlight that core countries are still characterized by the intensity of their reciprocal relations while peripheral countries have few economic relations with a limited number of core countries. Moreover, the article demonstrates that this core–periphery division of the world has not lost its pertinence; it is as relevant as at the end of the sixties. In the current era of globalization, economic flows are still deeply structured by basic power relations between core and peripheries. However, the article also develops a theoretical framework to understand dynamics of the world‐system and insists on the emergence of Eastern Asia as a new core area, notably by showing the rising position of some East Asian countries in the international division of labour. We conclude by underlying the necessity to integrate world‐system and global network theoretical frameworks.     

Public vices,private remedies in nineteenth-century Italy: Giulia Falletti di Barolo Colbert and Le Forzate

In nineteenth-century Italy notions of femininity and, no less, masculinity influenced the ways in which crime was viewed. The result was that criminality was perceived, judged and explained differently according to the sex of the offender. At every stage in the penal process, cultural understandings of what women were like, and how they ought to behave, operated to define the appropriate response to their misconduct and to structure their punishment. These 'gendered' aspects of criminal justice have influenced the practices of prosecution and sentencing, and, most clearly of all, the special regimes and attitudes adopted in women's prisons: throughout the century male prison regimes emphasized discipline and deterrence, while female prisons developed individualized programmes of 'moral regeneration'. This article deals with the history of the first prison destined exclusively for women - which was opened in Turin in 1821 - with the circumstances which brought about its creation as well as with its organizational structure and its aims. Its promoter - both in money and in spirit - was a woman, named Giulia Falletti di Barolo Colbert. Giving special consideration to the ideals of its foundress, this article examines how nineteenth-century perceptions of the female criminal differentiated the nature and purpose of penal servitude for women.     

The Norwegian and Baltic Timber Trade to Britain 1780–1835 and its Interconnections

The article closely examines the development of the trade in timber between Norway and the Baltic region with Britain in the period 1780–1830. It looks also at the scale of the trade and its role in the economic development of the countries involved, as well as how it became a global trade. Moreover, it discusses the balance of power between what is commonly understood as centres and peripheries at the time.     

The Dark Sides of Social Policy: From Neoliberalism to Resurgent Right-wing Populism

This Forum Debate explores the confluence of neoliberal, populist, conservative and reactionary influences on contemporary ideologies and practices of social policy, with a focus on the poorer peripheries of global capitalism. Several fundamental tensions are highlighted, which are largely overlooked by the social policy and development literatures. First, many recent social policy innovations have been discredited by their association with neoliberalism. The rising political Right has been much more successful than the Left at exploiting this discontent, despite simultaneously deepening many aspects of neoliberalism once in power. At the same time, right-wing movements have proactively used social policy as a political tool to fashion the social order along lines deemed amenable for their interests and ideologies, expressed along nationalist, racialized, ethnicized, nativist, religious, patriarchal or other lines, and to innovate practices of segregation, exclusion and subordination. While these synergies of neoliberal and right-wing populism are observed globally, they need to be carefully and differentially interpreted from the perspective of late industrializing (or late welfare state) peripheral countries. Nonetheless, common themes occurring across both centres and peripheries, as identified by the invited contributions to this Debate section, include exclusionary identity politics, hierarchical and subordinating inclusions, and patriarchal familialism. In this context, segregationism is an ominous possibility of post-neoliberal social policy.     

北京城市犯罪地理分析

论文在分析城市刑事犯罪机理和犯罪环境类型的基础上,探讨了北京城市犯罪的特点和时空分布规律,并从维护社会治安的角度讨论了犯罪警示区的划分及社会综合治理措施。