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Anglicization and Autonomy: Scottish Policing, Governance and the State, 1833 to 1885

  • David G. Barrie
Extract

As with other pillars of the Scottish criminal justice system, the distinctiveness of the Scottish police model from its English counterpart has been widely acknowledged. Its historical development, institutional structure, and level of community support have been portrayed as unique in the United Kingdom. Although rarely heralded as a symbol of national identity in the same way as the Church of Scotland or the legal system, the Scottish police's distinctive customs, traits, and practices have been held up in some studies as a badge of national pride. Often this is for no significant reason other than the fact that police reform in Scotland predated similar developments in England. Municipal police administration has also been depicted as an important symbol of the self-governing nature of Scottish civil society, conferring upon local authorities a wide range of autonomous powers and strengthening their bargaining position with central government in Westminster in London.

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dbarrie@arts.uwa.edu.au
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1. See, for example, Barrie, David G., “A Typology of British Police: Locating the Scottish Municipal Police Model in its British Context, 1800–1835,” British Journal of Criminology 50 (2010): 259–77; and Donnelly, Daniel and Scott, Kenneth, “Policing in Scotland,” in Handbook of Policing, 2nd ed., ed. Newburn, Tim (Cullompton: Willan Publishing, 2008), 182203.

2. Barrie, David G., Police in the Age of Improvement: Police Development and the Civic Tradition in Scotland, 1775–1865 (Cullompton: Willan Publishing, 2008).

3. For more on the institutional structure of the Church of Scotland, see Brown, Thomas, Church and State in Scotland: A Narrative of the Struggle for Independence from 1560 to 1843 (Charleston: BiblioBazaar, 2011). For the Scottish legal system, see Farmer, Lindsay, Criminal Law, Tradition and Legal Order. Crime and the Genius of Scots Law, 1747 to the Present (Cambridge: Cambridge University Press, 1997).

4. See, for example, John McGowan, “The Emergence of Modern Civil Police in Scotland: A Case Study of the Police and Systems of Police in Edinburghshire, 1800–1833” (PhD diss., Open University, 1997), passim.

5. Dinsmor, Alistair and Goldsmith, Alastair, “Scottish Policing –A Historical Perspective,” in Policing Scotland, ed. Donnelly, Daniel and Scott, Kenneth (Cullompton: Willan Publishing, 2005); Grant, Douglas, The Thin Blue Line: The Story of the City of Glasgow Police (London: John Long, 1973); and Chambers, William, The Book of Scotland (Edinburgh: Robert Buchanan, 1830), 8491.

6. Morton, Graeme, Unionist Nationalism. Governing Urban Scotland 1830–1860 (East Linton: Tuckwell Press, 1999); and Morton, Graeme and Morris, Robert J., “Civil Society, Governance and Nation, 1832–1914,” in The New Penguin History of Scotland: From the Earliest Times to the Present Day, ed. A. Houston, Robert and Knox, William W. (London: Penguin, 2001), 377–80. Likewise, Hutchison argues that the 1862 Burgh Police Scotland Act made central direction more difficult. Hutchison, Ian G.C., “The Age of Individualism,” in The Oxford Companion to Scottish History, ed. Lynch, Michael (Oxford: Oxford University Press, 2007), 278.

7. David Smale, “Alfred John List, the Architect of Policing in the Counties of Scotland,” 1, http://irhis.recherche.univ-lille3.fr/dossierPDF/CIRSAP-Textes/Smale.pdf. Hart, J.M., The British Police (London: Allen and Unwin, 1951), 168–73, argues that Scotland was brought into line with general English practice.

8. Ascoli, David, The Queen's Peace: The Origins and Development of the Metropolitan Police, 1829–1979 (London: H. Hamilton, 1979). For a critique of studies that attach great significance to the influence of the Metropolitan Police on the colonies, see Finnane, Mark, “A ‘New Police’ in Australia,” in Policing: Key Readings, ed. Newburn, Tim (Cullompton: Willan Publishing, 2005), 4868.

9. Emsley, Clive, Crime, Police and Penal Policy: European Experiences 1750–1940 (Oxford: Oxford University Press, 2007), 246–66, argues that the Metropolitan model was the most influential in Europe.

10. Philips, David and Storch, Robert D., Policing Provincial England, 1829–56: The Politics of Reform (London: Leicester University Press, 1999), 6, 4546, argue that after 1829, the Metropolitan Police made policing arrangements in rural England appear backward. For wider studies on policing in London, although focusing mainly on the eighteenth century, see Paley, Ruth, ‘“An Imperfect, Inadequate and Wretched System?’ Policing London before Peel,” Criminal Justice History 10 (1989): 95130; Reynolds, E.A., Before the Bobbies: The Night Watch and Police Reform in Metropolitan London, 1720–1830 (Stanford: Stanford University Press, 1998); and Beattie, John, Policing and Punishment in London: Urban Crime and the Limits of Terror (Oxford: Oxford University Press, 2001).

11. Walker, Neil, “Situating Scottish Policing,” in Criminal Justice in Scotland, ed. Duff, Peter and Hutton, Neil (Aldershot: Ashgate, 1999), 100–12; and Carson, Kit and Idzikowska, Hilary, “The Social Production of Scottish Policing, 1795–1900,” in Policing and Prosecution in Britain, 1750–1850, ed. Hay, Douglas and Snyder, Francis (Oxford: Oxford University Press, 1989), 274–79.

12. Crowther, M. Anne, “Crime, Prosecution and Mercy: English Influence and Scottish Practice in the Early Nineteenth Century,” in Kingdoms United? Great Britain and Ireland since 1500: Integration and Diversity, ed. Connolly, Sean J. (Dublin: Four Corners United, 1999), 225–38.

13. Fry, Michael, “The Whig Interpretation of Scottish History,” in The Manufacture of Scottish History, ed. Donnachie, Ian and Whatley, Christopher (Edinburgh, Polygon, 1992), 7289.

14. See, for example, Gordon Pentland, who provides a critique of Fry's interpretation in Radicalism, Reform and National Identity in Scotland, 1820–1833 (Woodbridge: Boydell and Brewer, 2008).

15. Alison, Archibald, Practice of the Criminal Law of Scotland (Edinburgh: Blackwood, 1833). See also Crowther, “Crime,” 226–38. Thompson, Richard S., “The Justices of the Peace and the United Kingdom in the Age of Reform,” The Journal of Legal History 7 (1986): 289, argues that Sir Archibald Alison, the sheriff of Lanarkshire, lamented fellow Scots “who craved anglicized magistrates and juries.” Thompson contends that there was no attempt to unify summary justice in the different parts of the United Kingdom, which helped ensure that Scottish, English/Welsh, and Irish practices remained distinctive.

16. Donnelly and Scott, Policing Scotland.

17. Palmer, Stanley H., Police and Protest in England and Ireland, 1780–1850 (Cambridge: Cambridge University Press, 1988).

18. Barrie, Improvement, passim.

19. Whetstone, Ann E., Scottish County Government in the Eighteenth and Nineteenth Centuries (Edinburgh: John Donald, 1981), passim; and Morton and Morris, “Civil Society,” 377–80. For a critique of the view that Parliament neglected Scottish governance, see Innes, Joanna, “Legislating for Three Kingdoms: How the Westminster Parliament Legislated for England, Scotland and Ireland, 1707–1830,” in Parliament, Nations and Identities in Britain and Ireland, 1660–1850, ed. Hoppit, Julian (Manchester: Manchester University Press, 2003), 28.

20. For the influence of the legal profession on policing in London, see Harris, Andrew T., Policing the City: Crime and Legal Authority in London, 1780–1840 (Columbus: Ohio State University Press, 2004).

21. In this essay, local urban elites are taken to mean men of property and/or influence in civic and county affairs, which in burghs include magistrates, councillors, representatives of trade and guild incorporations, and local property holders and businessmen. In counties, they include commissioners of supply (landowners) and local justices.

22. It has been suggested that the Scottish Office, and secretary of state for Scotland who headed it, initially did little to transform the nature of Scottish policing. See Hart, British Police, 169.

23. Barrie, “Typology,” 1–19. See also Barrie, David G., “Police in Civil Society: Police, Enlightenment and Civic Virtue in Urban Scotland, c.1780–1833,” Urban History 37 (2010): 4565.

24. It is recognized that there are a number of contrasting definitions. Innes, Joanna, “Changing Perceptions of the State in the Late Eighteenth and Early Nineteenth Centuries,” Journal of Historical Sociology 15 (2002): 107–13.

25. Fry, Michael, Patronage and Principle: A Political History of Modern Scotland (Aberdeen: Aberdeen University Press, 1987), 9.

26. Parliamentary Debates, ii, 1804, cols. 797–803. Cited in Michael Fry, The Dundas Despotism (Edinburgh: John Donald, 1992), 245.

27. Williams, Alan, The Police of Paris, 1718–1789 (Los Angeles and London: Louisiana State Press and Baton Rouge, 1979).

28. Monkkonen, Eric H., Police in Urban America, 1860–1920 (Cambridge: Cambridge University Press, 1981), 55.

29. Lane, Roger, Policing the City: Boston 1822–1885 (Cambridge: Harvard University Press, 1967).

30. Morton, Graeme, “Scottish Rights and ‘Centralisation’ in the Mid-Nineteenth Century,” Nations and Nationalism 2 (1996): 261.

31. Innes, Joanna, “The Local Acts of a National Parliament: Parliament's Role in Sanctioning Local Action in Eighteenth-Century Britain,” in Parliament and Locality, 1660–1939, ed., Dean, David and Jones, Clyve (Edinburgh: Edinburgh University Press, 1998), 23, 30.

32. For correspondence between the House of Lords Committee on the 1800 Glasgow Police Bill and the Town Council delegation that was dispatched to Westminster to ensure the Bill's success, see Glasgow City Archives (hereafter G.C.A.), C1/1/44, “Glasgow Town Council Minute Book,” July 3, 1800.

33. Ibid.

34. Edinburgh Advertiser, April 30, 1805.

35. Glasgow Herald, July 28, 1820.

36. Scott, John, Abstract of the Police Acts of the City of Glasgow, with a Summary of the Powers and Duties of Special Constables (Glasgow, S. N., 1821).

37. Maver, Irene E., “The Guardianship of the Community: Civic Authority before 1833,” in Glasgow, Volume I: Beginnings to 1830, ed. Devine, Tom M. and Jackson, Gordon (Manchester: Manchester University Press, 1995), 254.

38. For more on these, see Fraser, W. Hamish, Conflict and Class: Scottish Workers, 1700–1838 (Edinburgh: John Donald, 1988).

39. Reynolds, Before the Bobbies, passim.

40. Barrie, Improvement, 122–45.

41. Attempts to introduce a police act in Glasgow provoked widespread community discussion. See, for example, G.C.A., T-TH1/1/8, “Trades House Minutes,” October 15, 1789 and C2/1/1, “Answers to Proposals of Committee of Heritors and Burgesses relating to Police Bill,” February 19, 1790, 174–81.

42. Barrie, Improvement, 134.

43. Ibid.

44. “Answers from the Magistrates and Town Council to the Proposals of the Committee of Heritors and Burgess, dated 19 February 1790, for making certain alterations on the Police Bill,” G.C.A., C2/1/1/181.

45. Dodsworth, Francis M., ‘“Civic’ Police and the Condition of Liberty: The Rationality of Governance in Eighteenth-Century England,” Social History 29 (2004): 199216; and Chambers, Book of Scotland, 84–91.

46. Unless otherwise stated, the remainder of this paragraph is based on information contained in Barrie, “Typology,” 182–203.

47. For English improvement commissions, see Langford, Paul, Public Life and the Propertied Englishman 1689–1798, (Oxford: Oxford University Press, 1991), 234–36; Fraser, Derek, Urban Politics in Victorian England. The Structure of Politics in Victorian Cities, (London: Leicester University Press, 1976), 91; and Prest, John, Liberty and Locality: Parliament, Permissive Legislation, and Ratepayers' Democracies in the Nineteenth Century (Oxford: Oxford University Press, 1990), 189.

48. Chambers, Book of Scotland, 89.

49. Manchester City Archives (hereafter M.C.A.), M9/30/5/1 “Proceedings of the Watch, Nuisance and Hackney Coach Committee,” October 12, 1829, 175. The author is grateful to Francis M. Dodsworth for providing this information.

50. M.C.A., M9/30/9/1, “Reports of the Police Establishments in Various Towns,” 407.

51. “Report from the Select Committee on Metropolis Police Offices: with the Minutes of Evidence, Appendix and Index,” Parliamentary Papers (hereafter P.P.), 1837 [451], 15. The Scottish system of public prosecution was also deemed to be worthy of implementing in some form. When asked if the English criminal justice system would benefit by employing one person to attend to public prosecution, James Traill replied: “I should say there ought to be a permanent establishment, as in Scotland, by the Advocate's depute, whose business it is to attend to public prosecutions on behalf of the Crown.” Ibid., 48.

52. “Second Report from the Select Committee on Police,” P.P., 1852–53 [715.], XXXVI. 111, 161.

53. Summary justice was also extended in England over the eighteenth and nineteenth centuries. See, for example, Gray, Drew D., Crime, Prosecution and Social Relations in London: The Summary Courts of London in the Late Eighteenth Century (Basingstoke: Palgrave MacMillan, 2009); Paley, RuthJustice in Eighteenth–Century Hackney: The Justicing Notebook of Henry Norris and the Hackney Petty Sessions Book (London: London Record Society, 1991); Davis, Jennifer S., “A Poor Man's System of Justice? The London Police Courts in the Second Half of the Nineteenth Century,” Historical Journal 27 (1984): 309–35; and Smith, Bruce P., “The Emergence of Public Prosecution in London, 1790–1850,” Yale Journal of Law and the Humanities 18 (2006): 2962.

54. For a recent study into criminal investigation, see Emsley, Clive and Shpayer–Makov, Haia, Police Detectives in History, 1750–1950 (Aldershot: Ashgate, 2006).

55. “Fourth Report by Her Majesty's Law Commissioners, Scotland, 1839,” P.P., 1840 [241], 184.

56. For example, when asked by law commissioners if the local chief constable was under an obligation to follow the directions of the procurator, Henry Glassford, sheriff of Lanarkshire, replied: “Our Chief Constable seems to have no doubt about it, for he does so.” First Report of the Commissioners Appointed to Inquire into the Courts of Law in Scotland: Together with Minutes of Evidence,” P.P., 1868–69 [4125], 11.

57. For good overviews of the role procurators played in investigating and detecting crime, see “Fourth Report by Her Majesty's Law Commissioners, Scotland, 1839,” 183–89 and “Report from the Select Committee on Public Prosecutors,” P.P., 1854–55 [481], 18–19.

58. See Barrie, “Typology,” 182–203.

59. Innes, “Legislating for Three Kingdoms,” 18 and Innes, “Local Acts,” 43–45.

60. Edinburgh (45 George III, cap. 21); Leith (46 George III, cap. 36); Kirkcaldy (51 George III, cap. 35); and Dunfermline (51 George III, cap. 61).

61. “Report of the Committee Appointed at the General Meeting of the Magistrates, and the Different Public Bodies in this City, to Concert Measures for Obtaining a more Efficient System of Police” (Edinburgh: Publisher unknown, 1812), 1–27. Moreover, Kilmarnock Town Council minute books reveal that many of the clauses of the town's 1810 Police Act were modelled directly on policing initiatives in Greenock in 1801 and Paisley in 1806. Dick Institute, Kilmarnock, BK/1/1/2/2, “Kilmarnock Town Council Minute Book,” September 12, 1809.

62. Monkkonen, Police in Urban America, 40.

63. The need for rule of law and a strong magistracy to protect property and commerce was a major concern for David Hume and Adam Smith. Hume, David, A Treatise of Human Nature (1739), ed. Mossmer, Ernest C. (Harmondsworth: Penguin, 1969), 590–98 and Smith, Adam, The Theory of Moral Sentiments (London: A Millar, 1759), ed. Rapheal, David D. and Macfie, Alec L. (Oxford: Oxford University Press, 1974), 340. For more about this topic, see Barrie, “Civil Society,” 45–65. For more about demands for better protection for private property and the influence of protest, see Knox, William W.J. and McKinlay, Alan, “Crime, Protest and Policing in Nineteenth Century Scotland,” in A History of Everyday Life in Scotland, 1800 to 1900, ed. Griffiths, Trevor and Morton, Graeme (Edinburgh: Edinburgh University Press, 2010).

64. Oz–Salzberger, Fania, “Civil Society in the Scottish Enlightenment,” in Civil Society: History and Perspectives, ed. Kaviraj, Sudipta and Khilnani, Sunil (Cambridge: Cambridge University Press, 2001), 58.

65. Pocock, John G.A., The Machiavellian Moment: Florentine Political Thought and the Atlantic Republican Tradition (Princeton: Princeton University Press, 1975); Burtt, Shelley, Virtue Transformed: Political Argument in England, 1688–1740 (Cambridge: Cambridge University Press, 1992); and Withington, Phil, The Politics of the Commonwealth: Citizens and Freemen in Early Modern England (Cambridge: Cambridge University Press, 2000). For the influence of neoclassical thought on English governance, see Dodsworth, ‘“Civic’ Police and the Condition of Liberty,” 199–216.

66. John Robertson, The Scottish Enlightenment and the Militia Issue (Edinburgh: John Donald, 1985), 140.

67. Barrie, “Civil Society.”

68. Miller argues that American urban forces were established on the principles of representative democracy. The belief that municipal institutions should be close to the people was a recurring theme in both New York and Scottish urban police history. This might help to explain why Glasgow—which first appointed detectives in 1817—and New York were happy to embrace the concept of detection much earlier than was the Metropolitan Police (although London had a long-standing history of criminal detectives stretching back to the Bow Street Runners in the mid-eighteenth century). As Miller points out, in New York, the democratic principles on which the police were established helped reduce fears that the force would be used as undercover spies. Miller, Wilbur R., Cops and Bobbies: Police Authority in London and New York, 1830–70 (Columbus: Ohio State University Press, 1977), 11, 1617, 36. Similarly, Tocqueville argues that because they elected their officials, including magistrates, Americans had “nothing to fear from arbitrary power.” de Tocqueville, Alexis, Democracy in America (New York: Harper and Row, 1966), 265–68. For more information on detectives in Glasgow, see Barrie, Improvement, 154, 160. For more on criminal detectives in eighteenth-century London and beyond, see Emsley and Shyper-Makov, Police Detectives in History; Cox, David J., A Certain Share of Low Cunning: A History of the Bow Street Runners, 1792–1839 (Cullompton: Willan Publishing, 2010); and Beattie, John, “Garrow and the Detectives: Lawyers and Policemen at the Old Bailey in the Late Eighteenth Century,” Crime, Histoire & Societes/Crime, History & Societies 11 (2007): 523.

69. In 1806, for example, the Merchant Company of Edinburgh argued that the newly established Police Commission should be given the status of a local authority to balance “democratic government” and prevent absolute rule. See, for example, “Report of the Committees appointed by the Merchant Company, Incorporations, and Several other Public Bodies in the City of Edinburgh, to Consider the Effects of the Act Lately Passed for Regulating the Police of the Said City (Edinburgh, 1806), 1–36.

70. In comparing the New York and London Police, Martineau claimed that the English police were “agents of a representative government, appointed by responsible rulers for the public good,” and the American police were “servants of a self-governing people, chosen by those among whom their work lies.” Martineau, Harriet, How to Observe Morals and Manners (London: Charles Knight, 1838), 192. As with the New York police department, the early Scottish police institutions were, in theory, the embodiment of a “self-governing people,” although in practice this meant males of sufficient property qualifications.

71. Eyre-Todd, George, History of Glasgow, Volume III: From Revolution to the Passing of the Reform Acts, 1832–1833 (Glasgow: Maclehose, Jackson and Co., 1934), 321.

72. Colquhoun, Patrick, A Treatise on the Police of the Metropolis, Explaining the Various Crimes and Misdemeanours which at Present are Felt as a Pressure upon the Community; and suggesting Remedies for their Prevention (London: H. Fry, 1796).

73. Colquhoun, Patrick, A Treatise on the Commerce and Police of the River Thames (London: Joseph Mawman, 1800).

74. Studies have rightly emphasized the influence of police reformers John and Henry Fielding, penal reformers Jeremy Bentham and John Howard, and moral philosophers Thomas Hobbes and Cesare Beccaria. Others have suggested that French policing practices, the 1785 London Police Bill, and developments in Ireland might have influenced Colquhoun's thinking. While acknowledging these influences, Barrie argues that underlying many of Colquhoun's ideas were developments in policing that were taking place in his native Glasgow in the late eighteenth century: ideas, which in turn, were influenced by Scottish Enlightenment philosophy. For more on these influences, and a summary of the historiographical debates, see Barrie, David G., “Patrick Colquhoun, the Scottish Enlightenment and Police Reform in Glasgow in the Late Eighteenth Century,” Crime, Histoire, Societes/Crime, History and Societies 12 (2008): 5979.

75. In Treatise, Colquhoun called for a public prosecutor in order to relieve victims of the trouble and expense of prosecuting criminals. Ward constables were to maintain a “general superintendence” of their districts, and “police” was interpreted widely, referring to many different branches, of which the criminal police was only part. These were ideas that were being discussed and experimented with in Glasgow in the 1780s and 1790s before Colquhoun left to go to London. See, for example, G.C.A., C1/1/38, “Glasgow Town Council Minute Book,” December 10, 1788; and G.C.A., T-TH1/1/8, “Trades' House Minutes,” July 13, 1789.

76. In 1788, Glasgow Town Council appointed a Police Intendent “to employ his officers in the evenings and during the night time in order to detect and prevent crimes.” G.C.A., C1/1/38, “Glasgow Town Council Minute Book,” December 10, 1788. In discussing a Police Bill in 1789, the Trades' House—which represented craft interests in the city—highlighted the new thinking by arguing that the law enforcement clauses would prove ineffective, as they were designed only “for the detection and punishment of crimes once committed” and fall “exceedingly short of that much more important object of preventing the increase, and removing the possible cause of the crimes.” G.C.A., T-TH1/1/8, “Trades' House Minutes,” July 13, 1789. It is possible that similar instructions were enshrined in watchmen's and constables' regulations in other parts of the United Kingdom. Preventing crime had been a major concern of Henry Fielding in the mid eighteenth-century, and many watch forces patrolled dimly lit streets with the intention of doing this. For more on Glasgow, see Barrie, Improvement, 61–91. For more on eighteenth-century law enforcement in London, see Beattie, Policing and Punishment in London, passim.

77. Recent studies have suggested that Colquhoun's legacy as a major police reformer has been overstated. Paley, ‘“An Imperfect, Inadequate and Wretched System?’” 95–130; and Reynolds, Before the Bobbies, passim. However, Barrie, in “Patrick Colquhoun,” provides a defense of his impact and significance, 60–71.

78. For a recent study that claims that Peel's principles were an invention of twentieth-century textbook authors, see Lentz, Susan A. and Chaires, Robert H., “The Invention of Peel's Principles: A Study of Policing ‘Textbook’ History,” Journal of Criminal Justice 35 (2007): 6979.

79. In his magisterial comparison of London and New York police organizations, Miller claimed that the latter's regulations repeated London's instructions that “the principal object to be attained is ‘the prevention of crime.’” Miller, Cops and Bobbies, 36.

80. In 1783, Colquhoun was at the forefront in pioneering a nationwide campaign to tackle tobacco smuggling, which was reported to be inflicting “great injury” on local merchants. Following a representation made to him by local businessmen, he promoted an association among importers and manufacturers of tobacco “for the purpose of suppressing and discouraging smuggling” in which they “resolve, both collectively and individually to do their utmost to detect and expose all such illicit practices.” G.C.A., “Glasgow Chamber of Commerce Minute Book,” TD1670/1/1, December 17, 1783.

81. Urquhart, Robert M., The Burghs of Scotland and the Burgh Police (Scotland) Act 1833 (Motherwell: Scottish Library Association, 1989), 89.

82. Morris, Robert J. and Morton, Graeme, “The Re-Making of Scotland: A Nation within a Nation, 1850–1920,” in Scotland, 1850–1979: Society, Politics and the Union, ed. Lynch, Michael (London: Historical Association Committee for Scotland and the Historical Association, 1993); and Morton, “Scottish Rights,” 261.

83. Urquhart, The Burghs of Scotland, 8.

84. Harris, Bob, “The Scots, the Westminster Parliament, and the British State in the Eighteenth Century,” in Parliaments, Nations and Identities in Britain and Ireland, 1660–1850, ed. Hoppit, Julian (Manchester: Manchester University Press, 2003), 138.

85. This remark related to the unsuccessful 1832 Bill on which the 1833 Act was largely modelled. Edinburgh City Archives, “Convention of the Royal Burghs Minutes,” July 17, 1831.

86. The Glasgow Police minutes, for example, make scant reference to developments in London in the late 1820s and early 1830s. G.C.A., “Police and Statute Labour Committee Minutes,” E1/1/16.

87. Philips, and Storch, , Policing Provincial England, 6, 45–6.

88. “Convention of the Royal Burghs Minutes,” July 17, 1831.

89. Urquhart, The Burghs of Scotland, 30–38.

90. Innes makes the point that national and local initiatives were often closely linked and need to be seen in the context of each other. Innes, “Local Acts,” 30–43.

91. Morton, Graeme, “Civil Society, Municipal Government and the State: Enshrinement, Empowerment and Legitimacy. Scotland, 1800–29,” Urban History 25 (1998): 355.

92. See Barrie, Improvement, 234–44.

93. In responding to criticism of the proposed extension of magistrates' authority, The Scotsman reported the following from Edinburgh Council proceedings: “What we ask has been given to Glasgow and other towns, and, so far as Parliament is concerned, the principle on which we propose to proceed has received its sanction.” The Scotsman, July 18, 1855. In the debates surrounding the Edinburgh Police Commission's incorporation, local opinion also drew on the examples of other Scottish burghs in arguing that the sheriff should have no jurisdiction in the Police Court. The Scotsman, December 26, 1855.

94. The Aberdeen Police Commission was not incorporated until 1871. This followed efforts by a new political grouping called the “Party of Progress” to reform civic administration in the wake of political reform in the late 1860s. Tyzack, Rosemary, ‘“No Mean City’? The Growth of Civic Consciousness in Aberdeen with Particular Reference to the Work of Police Commissioners” in The City and its Worlds. Aspects of Aberdeen's History since 1740, ed. Brotherstone, Terry and Withrington, Donald J. (Glasgow: Cruithne Press, 1996), 162–63.

95. For more about this subject, see Barrie, David G., ‘“Epoch-making’ beginnings to Lingering Death: The Struggle for Control of the Glasgow Police Commission, 1833–46,” Scottish Historical Review, LXXXVI, 2, 222 (2007): 253–77.

96. Barrie, Improvement, 234–44.

97. Barrie, “The Struggle for Control,” 270–75.

98. Glasgow Herald, April 20, 1846.

99. See Barrie, “The Struggle for Control,” 272–75.

100. Emsley, The English Police, 41–42.

101. Maver, Irene, “Glasgow's Civic Government,” in Glasgow. Volume II: 1830–1912, ed. Fraser, W. Hamish and Maver, Irene (Manchester: Manchester University Press, 1996), 452.

102. Glasgow Herald, March 17 and 24, 1843

103. Ibid.

104. Ibid., March 17, 1843.

105. Ibid., March 24, 1843.

106. Ibid., January 12 and 16, 1846.

107. Ibid., January 16, 1846.

108. G.C.A., “Police and Statute Labour Committee Minutes,” E1/1/22, May 15, 1845.

109. Glasgow Herald, March 17, 1843.

110. Ibid., March 24, 1843.

111. Ibid., January 12 and 16, 1846.

112. Ibid.

113. “Return of the Number of Rural Police in Each County in Scotland, 1853 to 1855,” P.P., 1856, LIX, 561–64.

114. See the view of S.W. Underhill, Superintendent of the County of Berwick. National Archives of Scotland (hereafter N.A.S.), AD56/246: Lord Advocate's Department (hereafter L.A.D.), “Correspondence and Papers concerning Police Matters, 1848–1881 (C.P.P.M): Facts, Hints and Suggestions, on Matters of Police, more particularly, referring to Scotland,” by S.W. Underhill, Superintendent of Police for the County of Berwick (Edinburgh: Publisher unknown, 1853), 9.

115. Ibid.

116. 2 and 3 Victoria, cap 93.

117. 3 and 4 Victoria, cap 88.

118. Burton, John Hill, Manual of the Law of Scotland: Public Law: Legislative, Municipal, Ecclesiastical, Fiscal, Penal, and Remedial; with a Commentary on the Powers and Duties of Justices of Peace and Other Magistrates, 2nd ed. (London: Simpkin, Marshall and Co., 1847), 185.

119. “Facts, Hints and Suggestions,” 17.

120. Ibid. See also Alfred J. List, “A Practical Treatise on Rural Police” (Edinburgh: Publisher unknown, 1853), Edinburgh City Library, YHV8198, 66685D. A common grievance in Scotland was that, unlike in England, there was no clearly defined legal description of the numerous acts that were commonly believed to constitute vagrancy, and the numerous classes commonly acknowledged as vagrants. Also, Scottish justices did not have the same summary power to punish common begging as did their English counterparts.

121. Carson and Idzikowska, “Social Production,” 288–95.

122. Ibid.

123. Hart, British Police, 169.

124. List, “Practical Treatise.”

125. Ibid., 19.

126. Ibid., passim.

127. “Second Report from the Select Committee on Police,” 100–105.

128. Ibid., 100–108.

129. Ibid., 111–12, 115, 122, 124–25.

130. Ibid., 111.

131. Hart, British Police, 169–70.

132. N.A.S., HH22/1: “Correspondence, Papers and Minutes concerning the Rules and Regulations and Establishment for Police Forces in Scotland, Copy Letter, Crown Agent to the Lord Advocate, 25 November 1857.”

133. Ibid.

134. Ibid.

135. Sheriffs contended that as long as they, through the medium of procurators, were responsible for investigating and detecting crime, it was essential that they exercised executive control of police affairs. Not to do so would mean that the investigation and prosecution of criminal affairs would be the responsibility of elected or appointed representatives with no legal training whatsoever. N.A.S., HH22/1: “Correspondence, Papers and Minutes concerning the Rules and Regulations and Establishment for Police Forces in Scotland following on the Act 20 and 21 Victoria, cap. 72, 1857–1859.”

136. For more on the sheriff's office in America, see Monkkonen, Police in Urban America, 33.

137. Ibid.

138. Carson and Idzikowska, “Social Production,” 278.

139. N.A.S., HH22/1: “Correspondence, Papers and Minutes concerning the Rules and Regulations.”

140. Whetstone, Scottish County Government, 14–17.

141. N.A.S., HH22/1: “Correspondence, Papers and Minutes concerning the Rules and Regulations.”

142. “First Report of the Commissioners Appointed to Inquire into the Courts of Law in Scotland,” 10.

143. Ibid.

144. 1862 Burgh Police (Scotland) Act, 25 & 26 Victoria (cap. 101).

145. 1850 Burgh Police (Scotland) Act, 13 & 14 Victoria (cap. 33).

146. Hart, British Police, 169.

147. Walker, “Scottish Policing,” 100.

148. N.A.S., AD56/246: L.A.D., C.P.P.M., “Proposed Papers respecting the Division of the County of Ayr into Two Police Districts.”

149. N.A.S., AD56 series, “Lord Advocate's Papers.”

150. Ibid.

151. Carson and Idzikowska, “Social Production,” 279.

152. Walker, “Scottish Policing,” 100.

153. N.A.S., AD56/246: L.A.D., C.P.P.M., “1873 Rules and Regulations made by the Secretary of State for Establishing a Uniform System of Government, Pay, Clothing, Accoutrements and Necessaries for Constables.”

154. G.C.A., E1/9/2, “Minutes of Watching and Fire Engines,” December 10, 1846.

155. “Second Report from the Select Committee on Police,” 101.

156. Campbell, Alan B., The Lanarkshire Miners: A Social History of their Trade Unions, 1775–1974 (Edinburgh: John Donald, 1979).

157. See, for example, N.A.S., AD56/248:, L.A.D., “Correspondence and Papers concerning the Appointment of Constables to Protect Fisheries and Prevent Poaching, especially in the Counties of Kirkudbright, 1863 and Roxburghshire, 1867.”

158. See N.A.S., AF67/36, series 36–53, “Papers relating to Crofting Disturbances; Reports and Correspondence, Problems of Rents and Rates, Police and Naval Aid.” I am grateful to Annie Tindley for providing me with excerpts from crofting disturbances involving police officers. See also Devine, Tom M., Clanship to Crofters' War: The Social Transformation of the Scottish Highlands (Manchester: Manchester University Press, 1994), 228–40.

159. N.A.S., AF67/36, Series 36–53, “Papers relating to Crofting Disturbances.”

160. See, for example, ibid., AF67/36, “3 December 1887, Report by Sheriff Cheyne on Recent Expedition to Clashmore to Quell Disturbances and Accusations of Cattle Theft on Sutherland”; AF67/36, “16 December 1887, Letter Sheriff Cheyne to Lord Lothian”; and AF67/40, “26 January 1888, Letter from Reverend John Murray, FC Minister, Brora to Lothian.”

161. Ibid., AF67/36, “3 December 1887, Report by Sheriff Cheyne on Recent Expedition to Clashmore to Quell Disturbances and Accusations of Cattle Theft on Sutherland.”

162. See Alistair Lindsay Goldsmith, “The Development of the City of Glasgow Police, c.1800–1939” (PhD diss., University of Strathclyde, 2002), chapters 6, 7, and 8.

163. Ibid.

164. For England, see the seminal study by Storch, Robert D., ‘“The Policeman as Domestic Missionary’: Urban Discipline and Popular Culture in Northern England, 1850–80,” Journal of Social History 9 (1976): 481509.

165. Inspector of Constabulary reports, published annually for Scotland from 1859, make frequent reference to this. See, for example, “First Report,” P.P., 1859, Session 2 [40.], XIX. 34, 687.

166. Emsley, Crime, Police, and Penal Policy, passim.

167. Hart, British Police, 168–73.

168. Godfrey, Barry, “Changing Prosecution Practices and their Impact on Crime Figures, 1857–1940,” British Journal of Criminology 48 (2008): 171–89. Government closely scrutinized Scottish practices when considering whether or not to introduce public prosecutions in England. See the “Report from the Select Committee on Public Prosecutors,” 2, 5–22, and 61–3. Lord Campbell, the lord chief justice of England, informed the committee: “In Scotland I have had an opportunity from my own observation of seeing that the system there established works most admirably, both in the Court of Justiciary, the Supreme Court at Edinburgh, and at the assizes. … I think that if the system could be introduced into this great country of England in the same manner, it would be desirable that it should be introduced.” “Report from the Select Committee on Public Prosecutors,” 61.

169. See, for example, N.A.S., AD56/16: L.A.D., “Correspondence Relating to Criminal Cases, 1852–1881, Letter from the Lord Provost of Edinburgh to the Home Secretary,” February 6, 1854 and “Letter from the Lord Provost of Glasgow to the Lord Advocate,” May 8, 1855.

170. N.A.S., AD56/16, “Correspondence Relating to Criminal Cases, 1852–1881, letter from the lord provost of Edinburgh to the home secretary,” July 4, 1854.

171. Morton and Morris, “Civil Society,” 380.

172. Hutchison, “Age of Individualism,” 278.

173. Best, Geoffrey, “The Scottish Victorian City,” Victorian Studies 11 (1968): 329–58.

174. Monkkonen, Police in Urban America, passim.

175. “Reports of the Inspector of Constabulary to Home Secretary (Scotland) – First.”

176. Carson and Idzikowska, “Social Production,” 279.

177. N.A.S., AD56/251: L.A.D., “Correspondence and Papers concerning the Appointment of Constables as Sanitary Inspectors, etc., 1869–1874: Letter from Whitehall,” dated 1874.

178. Ibid.

179. Ibid.

180. Carson, W.G. [Kit], “Policing the Periphery: The Development of Scottish Policing, 1795–1800, Part I,” Australian and New Zealand Journal of Criminology 17 (1984): 213–14.

181. Hart, British Police, 170

182. See, for example, N.A.S., AD56/246, L.A.D., C.P.P.M., “Letter from the Earl of Selkirk to the Lord Advocate,” April 27, 1875.

183. Ibid.

184. Ibid.

185. N.A.S., AD56/246, L.A.D., C.P.P.M., “Memorandum, from Colonel Kinloch,” November 28, 1859.

186. N.A.S., AD56/246, L.A.D., C.P.P.M.

187. N.A.S., AD56/198, L.A.D., “Correspondence Concerning Bills relating to Local Government and Police Bills, 1860–1885.”

188. N.A.S., AD56/247, L.A.D., “Correspondence concerning the Police of Caithness, 1859–1867,” miscellaneous papers.

189. Ibid., Letter from G.A. Bruce, M.P.,” January 7, 1864.

190. N.A.S., AD56/246: L.A.D., C.P.P.M., “Letter to the Lord Advocate from the Sheriff of Aberdeenshire, Archibald Davidson,” March 22, 1862.

191. “First Report of the Commissioners, 1868–1869,” 10–11.

192. N.A.S., AD56/246: L.A.D., C.P.P.M., “Letter to the Lord Advocate from the Sheriff of Aberdeenshire, Archibald Davidson,” March 22, 1862.

193. N.A.S., AD56/250: L.A.D., “Correspondence and Papers concerning the Appointment of Constables as Procurators Fiscal, 1869–1874: Letter from Colonel Kinloch to the Home Secretary objecting to the Practice of Chief Constables in Scottish Counties acting as Procurators Fiscal,” August 6, 1869.

194. Ibid.

195. Ibid., March 18, 1870.

196. Ibid.

197. See Cockton, Peter, Subject Catalogue of the House of Commons Parliamentary Papers, 1801–1900, Volume III: Law and Order, Local Government and Local Finance, Poverty and Social Administration, Education, Information and Recreation (Cambridge: Cambridge University Press, 1988).

198. Fry, Patronage and Principle, 71.

199. Morton, “Scottish Rights,” 260.

200. Morton and Morris, “Civil Society,” 377.

201. Ibid., 378, 380.

202. Ibid., 378.

203. See, for example, Phillipson, Nicholas T., The Scottish Whigs and the Reform of the Court of Session, 1785–1830 (Edinburgh: Stair Society, 1990). For a more skeptical view, see Shaw, John S., The Management of Scottish Society 1707–1764: Power, Nobles, Lawyers, Edinburgh Agents and English Influences (Edinburgh: John Donald, 1983).

204. Even then, commissioners of supply continued to exert some influence over police affairs by sharing responsibility for police management with county councillors. Hart, British Police, 171.

205. Morris and Morton, “Civil Society,” 378.

206. For example, under the 1839 Rural Constabulary Act, commissioners of supply were given power to levy taxes on houses as well as land. Whetstone, Scottish County Government, 92.

207. Ibid., 93.

208. See N.A.S., AD56/247: L.A.D., “Correspondence concerning the Police of Caithness, 1859–1867,” miscellaneous papers.

209. In a letter, dated February 13, 1888, from Robert M. Brereton, Sutherland Estate manager, to Cochran Patrick, Scottish Office minister, concerning law and order at the Clashmore Farm in Sutherland, it was revealed that Sheriff McKenzie had withdrawn police assistance on the basis that in “his opinion the people of Clashmore had acted nobly since the service of the interdicts, and that they would continue to act so.” It was further revealed that Brereton had responded by writing: “It is the undoubted opinion of the estate management that this sudden removal of the Police, the only protecting force, was a grave mistake.” He continued: “I must say that I think His Grace the Duke of Sutherland, who is the largest Rate and Taxpayer in the County, has every right to complain of the extraordinary action of the authorities in leaving these people to continue such bold and wholesale lawlessness and to refuse to give the protection asked for.” N.A.S., Series 36–53, “Papers relating to Crofting Disturbances,” AF67/41, “13 Feb. 1888, Letter from Brereton to Cochran Patrick.” Brereton was seeking help from Lord Lothian, which he claims had been promised by Lord Salisbury, prime minister (1885 to 1892), and Arthur Balfour, secretary of state for Scotland (1886 to 1887). In response, Lord Lothian, wrote: “It makes absolutely no difference to the requirements of the maintenance of law and order whether they pay 100% or 1% of rates and this kind of argument only prejudices his case.” In further correspondence, it was revealed that Mr Sutherland had complained in a letter that Sheriff McKenzie and a few of the Duke's factors had acted as commissioners of supply without any legal right to do so. Ibid., AF67/42, “12 Mar. 1888, Letter from Brereton to Cochran Patrick, Clashmore.” According to Sheriff Cheyne: “On the whole matter I feel warranted in saying that if no graver objections can be brought forward than are symbolized in Mr Sutherland's letter, there is no serious fault to be found with them in which the County business in conducted, and I must express my sincere regret that Mr Sutherland, instead of taking a fair share of the County work, should have troubled the Secretary for Scotland with what I cannot but characterize as a string of trifling complaints against his brother Commissioners, from whose meetings he has for some years back been systematically absent himself owing, it is commonly believed, to a feeling of soreness at having been ousted from the Convenership of the County.” Ibid., AF67/43, “5 May 1888, Letter Sheriff Cheyne to Cochran Patrick.” For more on land reclamation and popular protest in the Highlands, see Tindley, Annie, “‘The Iron Duke’: Land Reclamation and Public Relations in Sutherland, 1868–95,” Historical Research 82 (2007): 303–19.

210. Carson and Idzikowska, “Social Production,” 277.

211. Reiner, Robert, The Politics of the Police, 3rd ed. (Oxford: Oxford University Press, 2000), 3145.

212. It is recognized that the concept of “governmentality” is much more complex than simply referring to self-government. It has been widely defined as the “art of government” by which “society is rendered governable.” This includes not only state politics, but also a range of strategies and techniques that disseminate power through knowledge and are designed to control populations. See Foucault, Michel, “Governmentality,” translated by Braidotti, Rosi and revised by Gordon, Colin, in The Foucault Effect: Studies in Governmentality, ed. Burchell, Graham, Gordon, Colin, and Miller, Peter (Chicago: Chicago University Press, 1996), 87104. For an elaboration of this concept, see Dean, Mitchell, Governmentality: Power and Rule in Modern Society (London: SAGE Publications, 1999). For a critique, see Lemke, Thomas, “Foucault, Governmentality, and Critique,” in Rethinking Marxism 14 (2002): 4964.

213. When asked by the 1853 Select Committee on Police if he was subject to any unwanted interference from the Police and State Labour Committee of the Town Council, Superintendent Smart of the Glasgow Police replied: “I have never once been interfered with by any one party. …I am held responsible for everything that is done.” “Second Report from the Select Committee on Police,” 110–11.

214. Fry, Patronage and Principle, 115.

215. Monkkonen, Police in Urban America, and Miller, Cops and Bobbies, are just two of the many studies to argue that American police forces were initially modelled on English practices. Some of the earliest critics of this view include Murphy, Patrick V., “The Development of Urban Police,” Current History 70 (1976): 245–48; and Williams, Hubert and Murphy, Patrick V., “The Evolving Strategy of Policing: A Minority View,” Perspectives on Policing 13 (1990): 116. Other interesting studies include Wardman, Robert C. and Allison, Thomas, To Protect and Serve: A History of Police in America (Upper Saddle River, New Jersey: Prentice Hall, 2004); Bechtel, H. Kenneth, State Police in the United States: A Socio-Historical Analysis (Westport: Greenwood Press, 1995); and Lane, Roger, “Urban Police and Crime in Nineteenth-Century America,” Crime and Justice: An Annual Review 2 (1980): 144.

216. Recent research has questioned the influence of the English and Irish policing models on colonial structures. They instead emphasis the local context in which policing evolved, arguing that colonial policing systems were too varied and complex to be portrayed as mere replicas of either model. See, for example, Finnane, “A ‘New Police’ in Australia,” 48–68; Petrow, Steffan, “The English Model? Policing in Late Nineteenth-Century Tasmania,” in Crime and Empire 1840–1940: Criminal Justice in Local and Global Context, ed. Godfrey, Barry and Dunstall, Graeme (Cullompton: Willan Publishing, 2005), 121–34; and Hawkins, Richard, “The ‘Irish Model’ and the Empire: A Case for Reassessment,” in Policing the Empire: Government, Authority and Control, 1830–1940, ed. Anderson, David M. and Killingray, David (Manchester: Manchester University Press, 1991), 1824.

217. Monkkonen, for example, argues that before 1829, “British and American cities were policed by a hodgepodge of traditional civil officials and private individuals.” In fact, every major Scottish urban center employed full-time police forces by this date. Monkkonen, Police in Urban America, 24.

218. See, for example, Sher, Richard B. and Smitten, Jeffrey R., Scotland and America in the Age of Enlightenment (Edinburgh: Edinburgh University Press, 1990); and Herman, Arthur, The Scottish Enlightenment: The Scots' Invention of the Modern World (London: Fourth Estate, 2002).

219. According to one source, nine of fifty-six signatories of the Declaration of Independence were Scots. Smith, Thomas B., British Justice: The Scottish Contribution (London: Stevens and Sons, 1961). Moreover, Wills claims that Thomas Jefferson was influenced by Scottish Enlightenment thought in drafting the Declaration of Independence. Wills, Garry, Inventing America: Jefferson's Declaration of Independence (New York: First Mariner Books, 1978). William Ewald makes a similar claim in James Wilson and the Scottish Enlightenment,” Journal of Constitutional Law 12 (2010): 1057–59. See also Walker, David M., “The Lawyers of the Scottish Enlightenment and their Influence on the American Constitution,” Judicial Review 4 (1988) who argues that David Hume's essays on freedom and governance was extremely important in shaping the American constitution.

220. Smith also claims that two of the original five Supreme Court associate justices and two of Washington's first five member cabinet were of Scottish descent. Smith, British Justice. However, as Rogers points out, this does not necessarily mean that their heritage was Scottish. Rogers, C. Paul III, “Scots Law in Post-Revolutionary and Nineteenth-Century America: The Neglected Jurisprudence,” Law and History Review 8 (1990): 221.

221. Scots were extremely influential in shaping American college curricula, which relied heavily on Scottish Enlightenment philosophy. Ibid.

222. Rogers has shown that Scots law had a minimal influence on American jurisprudence. Ibid., 205–35. For further interesting discussions on the impact of Scots philosophy and legal practice on American law, see Blumenthal, Susanna, “The Mind of a Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law,” Law and History Review 26 (2008): 99159; and Mikhail, John, “Scottish Common Sense and Nineteenth-Century American Law: A Critical Appraisal,” Law and History Review 26 (2008): 167–75.

223. For the influence of civic ethos, see Aspinwall, Bernard, Portable Utopia: Glasgow and the United States, 1820–1920 (Aberdeen: Aberdeen University Press, 1984). American writers in the late Victorian and Edwardian periods often looked to Glasgow and admired the size and scope of its municipal enterprises. See Howe, Frederic C., The British City (New York: C. Scribner's Sons, 1907); and Shaw, Albert, Municipal Government of Great Britain (New York: Publisher unknown, 1895).

224. Fairlie, John A., Essays in Municipal Administration (New York: The Macmillan Company, 1908), 287.

225. See, for example, Watson, Dwight, Race and the Houston Police Department, 1930–1990: A Change did Come (Texas: Texas and A&M University Press, 2005); and Henry, Howell M., Police Control of the Slave in South Carolina (New York: Negro University Press, 1968), 418.

226. For the Irish dominance in American forces, see Piers, H. Bruce, “Blacks and Law Enforcement: Toward Police Brutality Reduction,” The Black Scholar 17 (1986): 50.

227. Lane, Policing the City.

228. Ray, Gerda W., “Cossack to Trooper: Manliness, Police Reform, and the State,” Journal of Social History 28 (1995): 565–86.

229. See, for example, Monkkonen, Police in Urban America; Rogers, “Scots Law in Post-Revolutionary and Nineteenth-Century America”; Lemmings, David, Professors of the Law: Barristers and English Legal Culture in the Eighteenth Century (Oxford: Oxford University Press, 2000); Lemmings, David, The British and their Laws in the Eighteenth Century (Ipswich: Boydell Press, 2005); and Woods, Gregory D., A History of Criminal Law in New South Wales: The Colonial Period, 1788–1900 (Sydney: Federation Press, 2002). However, as Gibb points out, although the English typically did not borrow Scottish precedent, they appropriated many Scottish legal principles. Gibb, Andrew D., Law from Over the Border: A Short Account of a Strange Jurisdiction (Edinburgh: W. Green, 1950).

230. Unlike with the Metropolitan Police, Scottish influences are not likely to be stated on the instruction manuals of American police forces. They are likely to be found in Scottish Enlightenment discourse, which did so much to shape aspects of modern America. Intellectual transfer is much more complex than simply identifying named international influences in police regulations. It is also extremely difficult to prove; both in terms of whether there was an influence, and if so, from where it came. Scots themselves often drew on continental ideas and practices, not least with the broad meaning of “police,” which was borrowed heavily from France. See Williams, The Police of Paris. Nonetheless, these obstacles should not prevent researchers from comparing police models in different international settings, which would be an interesting and potentially significant line of inquiry.

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Law and History Review
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