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Criminality, Deviance and the State in Early Modern Britain and Europe

  • Module code: HS5006
  • Year: 2018/9
  • Level: 5
  • Credits: 30
  • Pre-requisites: Completion of relevant L4 modules or equivalent
  • Co-requisites: None

Summary

In the past, as today, within the legal frameworks laid down by governments and authorities, perceptions of what constitutes criminal or deviant behaviour are both shifting and contested. The function of a protest over food supplies, for example, may be viewed differently by those engaged in the action than by those enforcing the law. Similarly, in many early modern societies, it was deemed acceptable for the man, as head of the household, to exert ‘moderate correction' on his wife and children to ensure they continued to uphold acceptable standards of behaviour. However, exactly what constituted ‘moderate correction' meant different things to different groups.

This module will give students an understanding of the cultural and social history of crime and deviance in Britain and Europe c. 1450 - 1850. Although broadly following the chronology across the 400 years, the approach is primarily thematic. Aspects of criminality covered include historical approaches to the study of homicide and violence; the relationship between gender and crime, for example, in attitudes towards prostitution and infanticide, and in the prevalence of domestic crime; attitudes towards sexual crimes such as rape and sodomy; and notions of ‘social crime' within acts of riot or protest. Aspects of deviancy considered include women's adultery and effeminacy in men, as well as the behaviours and lifestyles that left many vulnerable to accusations of witchcraft. Within the overall structure there will be two elements of greater focus. Firstly an examination of witchcraft, a crime which combines the aspects of violence, sexuality and gender, and one which was classed as ‘exceptional' by the authorities in their attempt to demonstrate the reality of the ‘Satanic Pact'. The second focus will look at crime in eighteenth century Britain, a period of unprecedented social change and wealth creation that witnessed an explosion in the number of crimes for which a person could be hanged, and the widespread adoption of transportation overseas as penal policy. The course ends with a look at the works of Enlightenment thinkers such Beccaria and Bentham and the impact of such ideas on a changing penal policy that moved swiftly from maiming and attacking the body, to the rise of new penitentiary systems in the nineteenth century where, arguably, the mind became the focus for punishment.

Through the use of primary source materials in a variety of formats (imagery, written documentation, statistical data, web-based resources), and through comparison of alternative historiographies this module will enhance student's analytical skills in history.

Aims

  • To familiarize students with themes in the history of deviance, crime and punishment in the early modern period.
  • To provide students with an understanding of how criminality and deviance had contested and changing meanings over the period, and the implications this had for penal policy.
  • To make students aware of the social, cultural and gendered debates surrounding the various aspects of the topic.
  • To develop skills of historical analysis with respect to primary source material and historiographical approaches.

Learning outcomes

  • Identify the main themes in the history of deviance, crime and punishment in the early modern period.
  • Give examples of how criminality and deviance had contested and changing meanings over the period, and the implications this had for penal policy.
  • Give examples of the social, cultural and gendered debates surrounding the various aspects of the topic.
  • Critically evaluate the relevant social, cultural and gendered debates surrounding a chosen theme of crime, deviance and punishment.
  • Synthesize information from a variety of sources and formats, and communicate ideas in both verbal and written form. (Key Skills 2 'Communication Skills'. and 4 'Research and Information Literacy Skills')
  • Assess the development of their own knowledge and understanding across the module through the identification of specific competencies for targeted feedback by the tutor. (Key Skills 1 'Self Awareness Skills')

Curriculum content

  • Consider the merits and drawbacks of historical approaches to the study of deviance, crime and punishment.
  • Popular protest and riot and the concepts of 'social crime' and 'legitimising notion'.
  • Men's and women's violence, including domestic violence, and expectations of gendered behaviour.
  • The prevalence of homicide in early modern Europe, including infanticide, and their respective treatment by the courts.
  • The divergence between legal definitions of sexual crimes (prostitution, rape, sodomy), and popular attitudes towards their committal.
  • An examination of the period of the European witch hunts, considering reasons for the escalation in cases and the subsequent decline of the phenomenon.
  • Characteristic beliefs and imagery of witchcraft, including the emphasis on women as witches.
  • Crime in eighteenth century Britain, including 'social crimes' such as smuggling and poaching, urbanization and crime, white collar and property crime.
  • Penal policy in eighteenth century Britain, including the development of the Bloody Code and the use of transportation.
  • The historiography of eighteenth century crime and punishment in Britain.
  • Enlightenment critiques of crime and punishment systems in the eighteenth century.
  • The development of the penitentiary system in the early ninteenth century, and subsequent historical interpretations of that system.

Teaching and learning strategy

Weekly lectures are designed to introduce students to the key features of each topic and to provide contextual information to be explored in greater depth in the seminars. Seminar workshop sessions will focus on specific issues, debates or concepts arising from the lecture, primarily through the use of primary source materials in a variety of formats to enhance skills of analysis. In addition, paired and small-group activities, the use of audio-visual material and the use of web-based resources will give students the opportunity to further refine critical skills and to develop their understanding of key interpretations in order to formulate their own historical interpretations.

There will be an opportunity for students to meet with the tutor on either a small group or a one-to-one basis to review learning and to provide feed forward criteria for summative assessment.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching 23 one-hour keynote lectures. 23
Scheduled learning and teaching 21 seminar/workshop one-hour sessions 21
Scheduled learning and teaching 2 two-hour small group sessions 4
Guided independent study Student Independent Study 252
Total (number of credits x 10) 300

Assessment strategy

Summative assessment is through: a 2000 word essay worth 50% submitted towards the mid-point of the module, and a two-hour end-of-course examination (unseen), worth 50%, which will require students to answer 2 essay style questions. For the essay, students will identify two or three aspects of their work for specific feedback by the tutor alongside general comments.

A range of formative assessments will be set throughout the module in order to provide feed forward for both assessed elements as follows:

1) primary source document preparation (provided by the tutor) for each seminar for development of historical analysis skills;

2) preparation of a brief draft essay plan to enhance skills of structuring historical argument and presentation of evidence;

3) a poster examining a major area of historiographical debate to develop skills of synthesis of material and analysis.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
Identify the main themes in the history of deviance, crime and punishment in the early modern period. In-course essay and examination. Methods of formative assessment also support this outcome, although no summative mark is awarded.
Give examples of how criminality and deviance had contested and changing meanings over the period, and the implications this had for penal policy. In-course essay and examination. Methods of formative assessment also support this outcome, although no summative mark is awarded.
Give examples of the social, cultural and gendered debates surrounding the various aspects of the topic. In-course essay and examination. Methods of formative assessment also support this outcome, although no summative mark is awarded.
Critically evaluate the relevant social, cultural and gendered debates surrounding a chosen theme of crime, deviance and punishment. In-course essay and examination. Methods of formative assessment also support this outcome, although no summative mark is awarded.
Synthesize information from a variety of sources and formats, and communicate ideas in both verbal and written form. In-course essay and examination. Methods of formative assessment also support this outcome, although no summative mark is awarded.
Assess the development of their own knowledge and understanding across the module. Essay. Small group or one-to-one meetings with the tutor will provide the opportunity to discuss this further.

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
CWK Essay 50%
EXWR 2 hour Exam 50%
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

Barrett, A and Harrison, C (eds.) (1999). Crime and Punishment in England: a Sourcebook. Routledge.

Emsley, C (1996). Crime and Society in England, 1750-1900. Longman.

Sharpe, J (1984). Crime in Early Modern England. Longman. 

Bibliography recommended reading

Barry, HB and Roberts, G (1996). Witchcraft in Early Modern Europe. Cambridge University Press. 

Beattie, J (1986). Crime and the Courts in England 1660 - 1800. Princeton University Press.

Betteridge, T (ed.) (2002). Sodomy in Early Modern Europe. Manchester University Press. 

Cockburn, JS (1977). Crime in England, 1550 - 1800. Methuen. 

Fletcher, A (1999). Gender, Sex and Subordination. Yale University Press. 

Foyster, E (2005). Marital Violence - An English Family History, 1660 - 1857. Cambridge University Press. 

Hay, D et al (eds.) (1975). Albion's Fatal Tree: Crime and Society in Eighteenth-Century England Pantheon.

Hitchcock, T and Cohen, M (1999). English Masculinities 1660 - 1800. Pearson. 

Hufton, O (1997). The Prospect Before Her. Fontana.

Ignatieff, M (1978). A Just Measure of Pain: the Penitentiary in the Industrial Revolution, 1750-1850. Macmillan. 

Kermode, J and Walker, G (1994). Women, Crime and the Courts in Early Modern England. University College Press. 

Levack, B (2006). The Witch Hunt in Early Modern Europe. Longman.

Levack, B (ed.) (2006). The Witchcraft Sourcebook. Abingdon.

Oldridge, D (ed.) (2008). The Witchcraft Reader. Routledge.

Rude, G (1995). The Crowd in History. Serif.

Ruff, J (2001). Violence in Early Modern Europe. Cambridge University Press. 

Stevenson, J (1992). Popular Disturbances in England, 1700 - 1832. Longman.

Walker, G (2003). Crime, Gender and Social Order in Early Modern England. Cambridge University Press. 

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