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Douglas Hay

Bio: Douglas Hay is an academic researcher from York University. The author has contributed to research in topics: Criminal law & Legislation. The author has an hindex of 13, co-authored 33 publications receiving 1206 citations.

Papers
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01 Jan 1975

380 citations

Book
01 Jan 1975
TL;DR: In this new edition of a classic collection of essays, renowned social historians from Britain and America examine the gangs of criminals who tore apart English society, while a criminal law of unexampled savagery struggled to maintain stability as discussed by the authors.
Abstract: In the popular imagination, informed as it is by Hogarth, Swift, Defoe and Fielding, the eighteenth-century underworld is a place of bawdy knockabout, rife with colourful eccentrics. But the artistic portrayals we have only hint at the dark reality. In this new edition of a classic collection of essays, renowned social historians from Britain and America examine the gangs of criminals who tore apart English society, while a criminal law of unexampled savagery struggled to maintain stability. Douglas Hay deals with the legal system that maintained the propertied classes, and in another essay shows it in brutal action against poachers; John G. Rule and Cal Winslow tell of smugglers and wreckers, showing how these activities formed a natural part of the life of traditional communities. Together with Peter Linebaugh's piece on the riots against the surgeons at Tyburn, and E. P. Thompson's illuminating work on anonymous threatening letters, these essays form a powerful contribution to the study of social tensions at a transformative and vibrant stage in English history. This new edition includes a new introduction by Winslow, Hay and Linebaugh, reflecting on the turning point in the social history of crime that the book represents.

332 citations

Journal ArticleDOI
TL;DR: In this article, the authors focus on the relationship between crime and the criminal law, and social and economic change in the English industrial revolution, and the importance of economic fluctuations, moral panics, war and the new police in explaining the level of prosecutions.
Abstract: Recent historical studies concerned with the period of the English industrial revolution illuminate many relationships between crime and the criminal law, and social and economic change. The creation and abolition of the capital code and the invention of the penitentiary and the police suggest the importance of threats to political authority in deciding policy. Other studies emphasize the place of crime in popular culture, while quantitative work shows the importance of economic fluctuations, moral panics, war and the new police in explaining the level of prosecutions. Most suggestive for further work is the upper class assault on popular mores, poor men's property, and old economic orthodoxies. New legislation and new levels of enforcement, as well as less premeditated changes in English capitalism, created crimes where none had existed, and probably caused a crisis of legitimacy for the English criminal law. What emerged may have been not only a modern system of criminal law and enforcement, but a moder...

55 citations


Cited by
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Journal ArticleDOI
TL;DR: In this article, the authors define access as the ability to derive benefits from things, broadening from property's clas- sical definition as "the right to benefit from things" and examine a broad set of factors that differentiate access from property.
Abstract: The term "access" is frequently used by property and natural resource analysts without adequate definition. In this paper we develop a concept of access and examine a broad set of factors that differentiate access from property. We define access as "the ability to derive benefits from things," broadening from property's clas- sical definition as "the right to benefit from things." Access, following this definition, is more akin to "a bundle of powers" than to property's notion of a "bundle of rights." This formulation includes a wider range of social relationships that constrain or enable benefits from resource use than property relations alone. Using this fram- ing, we suggest a method of access analysis for identifying the constellations of means, relations, and processes that enable various actors to derive benefits from re- sources. Our intent is to enable scholars, planners, and policy makers to empirically "map" dynamic processes and relationships of access.

1,999 citations

Journal ArticleDOI
TL;DR: In this paper, the authors argue that an important new language of penology is emerging, which shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates.
Abstract: The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing individuals to managing aggregates of dangerous groups, and that affects the training and practice of criminologists.

1,938 citations

BookDOI
01 Jan 2014
TL;DR: Part of the courts, criminal law, criminal procedure, criminology, Law and Society Commons, Law Enforcement and Corrections Commons, Legislation Commons, Politics and Social Change Commons, and the Race and Ethnicity Commons.
Abstract: How does access to this work benefit you? Let us know! Follow this and additional works at: http://academicworks.cuny.edu/jj_pubs Part of the Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, Judges Commons, Law and Politics Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Legislation Commons, Politics and Social Change Commons, and the Race and Ethnicity Commons

916 citations

Book
13 Feb 2006
TL;DR: In this paper, the authors discuss rightful resistance and boundary-spanning claims in the context of China-US relations, and their implications for China's economic and political future.
Abstract: 1. Rightful resistance 2. Opportunities and perceptions 3. Boundary-spanning claims 4. Tactical escalation 5. Outcomes 6. Implications for China.

886 citations

Book
01 Jan 1984
TL;DR: In this article, Guha's work adopts the peasant's viewpoint and studies the peasant rebel's awareness of his own world and his will to change it, which is similar to our own.
Abstract: The historiography of peasant insurgency has hitherto been a record of the colonial administration's effort to deal with insurgents. Guha's work adopts the peasant's viewpoint and studies the peasant rebel's awareness of his own world and his will to change it.

843 citations