Winn, Martin (1986) The structure and functions of the English magistrates' court : a study in historical sociology. PhD thesis, University of Warwick.

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Abstract

This thesis starts with a critique of existing sociological
and criminological studies. The major argument here is that,
although interactionist studies are an improvement upon their
positivist counterparts, they suffer from the inherent weaknesses
contained in their astructural bias. Thus, although
observational studies have been able to describe the effects
of the process of interaction within the courtroom, they have
been unable to explain why magistrates' justice is characterised
by a relative lack of due process. In the main body of
the thesis, we offer a structural analysis of the functions of
magistrates' courts through an examination of the historical
development of the magistracy culminating in its transformation
in the middle of the nineteenth century. We show that
the magistracy was created in its modern form as a lower court
of summary justice specifically to act as an efficient method
of punishing petty offenders with a conscious disregard for
rights of due process. This did not simply reflect the
interests of the industrial bourgeoisie but rather it was a
product of the class struggle resulting from the particular
formation of British capitalism, in which the gentry retained
a powerful position. The central argument is that the
particular form of justice that is administered in the lower
courts of England and Wales reflects the compromise that was
reached between these two sections of the ruling class in the
period in which the modern magistracy was forged.

Item Type:	Thesis (PhD)
Subjects:	H Social Sciences > HV Social pathology. Social and public welfare
Library of Congress Subject Headings (LCSH):	Judges -- Great Britain -- History, Courts of first instance -- Great Britain -- History, Criminal justice, Administration of -- Great Britain -- History
Official Date:	September 1986
Dates:	Date Event September 1986 Submitted
Institution:	University of Warwick
Theses Department:	Department of Sociology
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Fine, Robert, 1945-
Sponsors:	Social Science Research Council (Great Britain)
Extent:	ix, 507 leaves
Language:	eng

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