State, law and prosecution : the emergence of the modern criminal process 1780-1910
This thesis deals with the emergence of the modern criminal process in England between 1780 and 1910 . It seeks to investigate this period from a standpoint which regards this development of the criminal process as intimately related to its internal structure and self-understanding. This is understood to occur through transformations in institutional structures produced by both the practices of the elements within it, and changes in the theoretical conceptualisation of the structure of the criminal process. The character of these developments, and the tendencies which they evince, are seen to be generally negative from the perspective of a theory of society which is intimately connected with an interest in emancipation. The relation between law, state and democracy is seen to be an essentially problematic one which does not conform to the ideas of progress, equality or liberty but to the maintenance of the survival of a social system which is seen as constantly at risk from a threatening environment of individuals whose obedience to the structure of the social order must be obtained continuously. The thesis is the result of original research which draws upon both original and secondary sources. The methodology
Langford, Peter James Edward
DA Great Britain ; KD England and Wales
State, law and prosecution : the emergence of the modern criminal process 1780-1910. This thesis deals with the emergence of the modern criminal process in England between 1780 and 1910 . It seeks to investigate this period from a standpoint which regards this development of the criminal process as intimately related to its internal structure and self-understanding. This is understood to occur through transformations in institutional structures produced by both the practices of the elements within it, and changes in the theoretical conceptualisation of the structure of the criminal process. The character of these developments, and the tendencies which they evince, are seen to be generally negative from the perspective of a theory of society which is intimately connected with an interest in emancipation. The relation between law, state and democracy is seen to be an essentially problematic one which does not conform to the ideas of progress, equality or liberty but to the maintenance of the survival of a social system which is seen as constantly at risk from a threatening environment of individuals whose obedience to the structure of the social order must be obtained continuously. The thesis is the result of original research which draws upon both original and secondary sources. The methodology
state law prosecution emergence_modern criminal process deal emergence_modern criminal process england seeks investigate period standpoint regard development criminal process intimately_related internal_structure self_understanding understood occur transformation institutional_structure produce practice element_within change theoretical conceptualisation structure criminal process character development tendency evince see generally negative perspective theory society intimately connect interest emancipation relation law state democracy see essentially problematic conform idea_progress equality liberty maintenance survival social_system see constantly risk threaten environment individual_whose obedience structure social_order must obtain continuously original draw_upon original secondary_source