The Origins of Modern Social Legislation: The Henrician Poor Law of 1536

1971 ◽  
Vol 3 (1) ◽  
pp. 9-20 ◽  
Author(s):  
Neil L. Kunze

It is the purpose of this essay to rescue the Henrician Poor Law of 1536 from its relative obscurity by examining the statute as the beginning of a new legislative era in English economic and social history. Although the non-exist ence of House of Commons Journals for this period prevents a detailed study of the making and makers of the Henrician poor law legislation, documents hitherto neglected, exist for a comparative study of Tudor poor law policy. Whether dealing with the nineteenth-century corn law question or with the sixteenth-century poor law policy, few historians give sufficient time and attention to a detailed analysis of the actual statutes of the realm.Historians have ignored the Henrician statutes and usually begin their discussions of English poor relief by describing and interpreting the famous Elizabethan Poor Law of 1601. If mentioned at all, the Henrician legislation is presented as an ineffective attempt to solve the problem of poverty. Often this legislation is the subject of unfavorable generalizations:The social legislation of Henry's Parliaments was not only scant but brutal and demoralizing in that it reflected a puritanical callousness in assessing poverty as the just desert of sloth and evildoing. … Thus Elizabeth inherited the problem of widespread poverty with her crown; and her legislative program was immediate, massive, and positive.

2018 ◽  
Vol 13 (4) ◽  
pp. 601-616 ◽  
Author(s):  
Marcela Cornejo ◽  
Carolina Rocha ◽  
Nicolás Villarroel ◽  
Enzo Cáceres ◽  
Anastassia Vivanco

The current memory struggles about the Chilean dictatorship makes it increasingly relevant to hear a diverse range of voices on the subject. One way of addressing this is to study autobiographical narratives, in which people construct a character to present themselves as the protagonists of a story by taking multiple positions regarding what is remembered. This article presents a study that analyzed the life stories of Chilean people (diverse in their generations, cities, experiences of political repression, political orientations and socio-economic levels) and that distinguished between the positions that they take when presenting themselves as the protagonists of an autobiographical story about the Chilean dictatorship. The results point to salient and recurrent positions that allow people to earn the right to be considered part of the social history of the dictatorship, that involve different definitions regarding those responsible and the victims of what happened, and that unveil a strong family and filial logic of remembering.


2020 ◽  
pp. 002190962092653
Author(s):  
Sadiya S. Silvee ◽  
Ximei Wu

The death penalty has been the subject of controversy for a long time. South Asian countries have found themselves with this controversy by acquiring an ambivalent approach towards the death penalty. Out of eight South Asian countries, Afghanistan, Bangladesh, India and Pakistan retain the death penalty law, and firmly believe that the death penalty can deter people from committing future crimes, whereas Sri Lanka and Maldives have chosen to retain the death penalty law but have abolished it in practice. Conversely, Nepal and Bhutan are the only two countries that have abolished death penalty both in law and practice. In this context, this comparative study of death penalty trials explores the approach taken by the judiciary of two South Asian jurisdictions, Bangladesh and India, towards the death penalty. This paper utilizes the findings of two original empirical research projects that explored judges’ opinions on the retention and administration of the death penalty in both jurisdictions. Amnesty International death penalty reports along with the case judgements are used, which helped to portray the true approach and flaws in the death penalty trials in both the jurisdictions. The paper will assess the death penalty trials and approach of the different stakeholders in the trial to highlight the distinct approaches taken by the two jurisdictions towards the death penalty. The paper argues that in both countries there is inconsistency in sentencing, the social cry for justice is prioritized over convicts’ rights and, from judges to legal representatives, all the stakeholders involved in a criminal trial hold a convictive approach, making a criminal justice system which presumes justice is served by awarding the death penalty.


1972 ◽  
Vol 2 ◽  
pp. 16-19
Author(s):  
Kenneth Kirkland

The subject suggested in the title is so broad as to make it rather difficult to decide what boundaries to draw around the study of various resources available to the historian or other social scientist who sets out to study labor history, the social history of Italian workers and peasants, and the political and intellectual history of socialism and other radical movements. Keeping in mind that the following discussion is not intended to be exhaustive, but rather an indication of the necessary starting point to begin an investigation is probably the best way to understand this note.


2002 ◽  
Vol 61 (3) ◽  
pp. 715-738
Author(s):  
M.A. Stein

This latest addition to the Palgrave series on Social History in Perspective is a concise and systematic overview of the Poor Law system from the beginning of the 18th century through to its demise in 1930. Well written, The English Poor Law is intended as an introduction to the subject for students of law, history, and/or society, and therefore offers a very short account. Fortunately, the knowledgeable Professor Brundage (whose earlier books include an analysis of the New Poor Law and a biography of one of its facilitators, Edwin Chadwick) provides first-rate end notes and an extensive bibliography. In consequence, those wishing to learn more of this interesting topic have been afforded the means for additional research.


2011 ◽  
Vol 38 ◽  
pp. 21-33 ◽  
Author(s):  
Ralph A. Austen

In a review of my first published book one of the founding figures of african historical studies suggested that instead of giving so much attention to European colonial administrators and African traditional chiefs I should have focused upon “the clerks, the schoolmasters and the evangelists, who were to take the lead when indirect rule had failed.” The terms in which this admonition was expressed implies a confidence in the nationalist project of “educated elites” that is less tenable today than it was during the 1960s. Nonetheless, in the late stages of my own career I have come to the conclusion that of the various occupational categories cited by Roland Oliver, African clerks do deserve greater examination than they have received so far in the historiography of colonial Africa. However, if they do prefigure the political leadership of postcolonial Africa, it is less in the heroic and innovative mode of “nation-building” than in the more problematic and continuous role as “gate-keepers,” or “brokers” (honest or not) between subject populations and external sources of power/patronage.I am not alone in this concern and an entire recent volume of essays has been dedicated to the study of such colonial “African intermediaries.” I contributed a chapter to this book and have continued to pursue a study of colonialism from “the middle” (as opposed to the “above” of my previous work as well as the social history “from below” that emerged in more recent decades). The focus of my research on this topic is upon two figures who are of both historical and literary significance: Amadou Hampâté Bâ (1900-1991), the very renowned Malian writer and scholar who produced a memoir about his early career as a colonial clerk; and “Wangrin,” a clerk and interpreter of an earlier generation, who is the subject of Hampâté Bâ's most widely read book.


1972 ◽  
Vol 2 ◽  
pp. 16-19
Author(s):  
Kenneth Kirkland

The subject suggested in the title is so broad as to make it rather difficult to decide what boundaries to draw around the study of various resources available to the historian or other social scientist who sets out to study labor history, the social history of Italian workers and peasants, and the political and intellectual history of socialism and other radical movements. Keeping in mind that the following discussion is not intended to be exhaustive, but rather an indication of the necessary starting point to begin an investigation is probably the best way to understand this note.


1991 ◽  
Vol 27 (107) ◽  
pp. 193-215 ◽  
Author(s):  
Nerys Patterson

Contemporary studies of the Tudor conquest of Ireland identify numerous interest-groups whose different political strategies produced a complex course of events. This paper examines the reactions of an influential segment of the Gaelic learned class, the traditional lawyers (brehons), to the threat of conquest. It offers evidence that some important brehon families supported administrative reforms within the Gaelic lordships, in accord with crown demands, and that they used native jural traditions to support legal change.As participants in the struggles of this period, the brehons have been viewed by scholars as part of the traditional cultural élite, which included poets and historians. Their indistinct appearance in the historical record partly accounts for such treatment. Brehons are scarcely mentioned in the Irish annals, while English sources tend to depict them as ultramontanists, practising ‘secret and hidden rites’, not as administrators with policies. Unlike the bardic poets, the brehons failed to leave behind a body of work that reflected their personal opinions; their literary monument, the corpus of Irish law-tracts, presents formidable barriers to interpretation, even as jural material, let alone as testimony to social history. These difficulties arise from the brehons’ deliberate attempts to preserve an appearance of antiquity and changelessness in the jural tradition. So successful were they in this, that many scholars believe that the later brehon schools copied the old law-tracts solely for their antiquarian interest and that the tracts had little relevance to contemporary affairs.


1980 ◽  
Vol 19 (2) ◽  
pp. 18-34 ◽  
Author(s):  
Katherine S.H. Wyndham

Yf you thincke yt to be suche lande as I maye geve wythe my honor, I shall thincke yt verye well bestowyd, for that he is one that hathe well desarvyd yt and hathe had no kynde of recompence.So wrote Mary Tudor to the Marquis of Winchester in 1554. The subject of the Queen's approval was Sir Edmund Peckham, one of her most trusted councilors. The result of that approval was an outright gift of land worth nearly one hundred pounds a year.Land, the basis of the social structure of the age, was one of the crucial instruments of patronage. The crown estate not only had its financial function as a regular source of income and an emergency source of realizable capital, but one directly relevant to social control and to government. It was a means by which past services to the prince could be rewarded and future services perhaps anticipated. The way land was used for this purpose and whether the frequency and extent of its usage can throw any light on problems and methods of government are questions meriting close consideration. The period taken here—the late 1530s to the early 1570s—spans several very different phases of government: how far did policy towards patronage vary from phase to phase? And how far did these variations reflect the needs of each successive government?To acquire an accurate picture of the use of the crown's estate, some localized knowledge is essential.


1998 ◽  
Vol 10 (1) ◽  
pp. 99-129 ◽  
Author(s):  
Alice O'Connor

In August 1969, President Richard M. Nixon approached the American people with a radical proposal to do what the federal government had never done before: guarantee a minimum level of income for every American family unable to provide one for itself. Eight years later, in August 1977, President Jimmy Carter announced a similar proposal for a federal guarantee of income, this time along with an expansion of public works jobs. Like Nixon before him, Carter soon abandoned his bill, and with it the quest for a federal income guarantee. Thus, inconclusively, ended a decade-long struggle to replace the nation's uncoordinated, incomplete collection of welfare programs with a single, comprehensive system of federal relief. This struggle took place against a backdrop of economic stagnation and demographic change that sent social spending soaring and made existing poor-relief arrangements seem increasingly obsolete. It also tapped into growing taxpayer resentment and a rising tide of popular animosity toward welfare. In part for these reasons, the quest for a guaranteed income marked the end of an era of liberal government activism against poverty, and ushered in a new era of poor-law reform. Welfare, not poverty, was the social problem of the 1970s. And the idea of a guaranteed income was the solution embraced by a new, more chastened and conservative, ideological center.


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