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This article considers the role of emotion in the eighteenth-century courtroom. It discusses the work of judges and magistrates in constituting and upholding a ‘grand narrative’, which legitimized English criminal law. This grand narrative was inherently emotional, activating patriotism and love of justice, but also fear of punishment through the performance of ‘emotional labour’ from the judgment seat. However, while performing the majesty of the law, judges attempted to balance a number of complicating factors, such as the rise of sensibility, the role of the press, and their own emotions about criminal justice. The growing presence of professional counsel from the end of the century also complicated the emotional tenor of criminal trials. Moreover, the majesty of the law was undermined and even corrupted by the representation of trials and executions in the popular press. Far from viewing displays of emotion as inappropriate, it appears that many contemporaries held emotion to be an integral part of trial process, and of the majesty of the law. [ABSTRACT FROM PUBLISHER]

Historians usually analyze changing gender constructions in the criminal courts after World War I through cases involving men and women. Using a different analytical lens, this article explores two well-publicized murder trials involving war veterans and illegitimate children, one of a soldier who murdered his wife's daughter from an adulterous affair and one who killed his own son. Although notions of masculinity had changed, the police, courts, and Home Office used traditional factors to assess punishments, including the degree of provocation, the behavior of the women involved, and the issue of deterrence. The press, however, was more sympathetic to the veterans, regarding them as victims of circumstances, much like women who committed infanticide. This new presentation did not succeed with the Home Office, especially as the war moved further into the past. By 1925, men's war service had less influence on punishment than Victorian ideas of gender and criminal responsibility. [ABSTRACT FROM AUTHOR]

In most areas, economists look to competition to align incentives, but not so with courts. Many believe that competition enables plaintiff forum shopping, but Adam Smith praised rivalry among courts. This article describes the courts when the common law developed. In many areas of law, courts were monopolized and imposed decisions on unwilling participants. In other areas, however, large degrees of competition and consent were present. In many areas, local, hundred, manorial, county, ecclesiastical, law merchant, chancery, and common law courts competed for customers. When parties had a choice, courts needed to provide a forum that was ex ante value maximizing. [ABSTRACT FROM AUTHOR]

Studies the existence of Her Majesty's Court at Westminster, a court of law during the reign of Queen Henrietta Maria of England. Parliamentary confirmation of the legality of the queen's court; Motivation behind the formal establishment of the court; Working relationship with the Queen's Council and the court's operations.