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In the last few years there has been a growth of interest in the history of crime and law enforcement in early modern Scotland. Recent studies by Stephen Davies, Bruce Lenman, and Geoffrey Parker have described the intricate operation of the country's criminal justice system. Relatively little attention, however, has been paid to the role played by transportation. During the eighteenth century, banishing criminals to the American colonies became the most common punishment employed by higher courts. By providing a merciful alternative to the death penalty without putting the public at serious risk, transportation carried enormous appeal. An attorney in Edinburgh commented, “In many cases it is absolutely necessary for the safety of the state, and the good order of society, that the country should be rid of certain criminals.” This article seeks to explore the nature of Scottish transportation, from its growing popularity in the early 1700s to its demise in 1775, a result of the American Revolution. Questions basic to an understanding of this punishment and its operation remain unanswered. How often was it utilized by courts? How many offenders were exiled during the century? What sorts of crimes had they committed? By what means were they transported to America? How did Scottish procedure differ from the system employed in England? Answers to these questions, besides shedding new light on the internal mechanics of transportation, should open a valuable window onto the Scottish criminal justice system.
Not many statesmen of world renown have had reputations as accomplished novelists. Benjamin Disraeli (1804-81) was a novelist who wanted to become a politician, a great politician. He succeeded and, in so doing, challenged his biographers to make connections between his thought, as expressed in his numerous political writings and novels, and his actions, as evidenced by his career as a leading Conservative politician in Victorian England. Disraeli's novels were like masks. Whatever the story line, whatever the configuration of main characters, the ambitious Disraeli, hungry for recognition, can be found somewhere inside. His psychology, his values, his objectives all can be discovered with greater or lesser facility in his novels. The writings of Disraeli the novelist serve as an instrument to penetrate the facade of Disraeli the politician.
The political novel allows the reader to experience political constructs in context. Political tracts seldom have the power to draw their readers into a sense of intimacy with their implications for everyday life. To the extent that a novelist can generate empathy in the reader for his characters, the reader can begin to feel the outrage, despair, joy, or tediousness of a political or social circumstance. Disraeli employed the novel to good purpose to express and spread his political ideas. But these ideas represented less of a coherent political platform than an agenda of his personal reactions to the politics of his day, particularly as they related to his own political advancement.
It is striking that historians of the early nineteenth century have been relatively reluctant to consider relationships between economic policy and the consolidation of the British state. In today's context, the economic and political challenges posed by both European integration and resurgent nationalism have generated hotly contested controversies on the political economy of state formation. From the perspective of the United Kingdom, the prospect of political and administrative devolution has forced us to address the implications of political decentralization for regional economic development (and vice versa) and to consider in turn the impact of these dynamics on the political integrity of a multinational state. For Britain, the period between circa 1780 and 1850 was characterized by unprecedented economic growth, imperial crisis and acquisition, and political consolidation. In a metropolitan sense the most dramatic feature of this process was, of course, the creation of the United Kingdom of Great Britain and Ireland in 1800. Insofar as historians of early nineteenth-century Britain have examined the relationship between “state formation” and economic policy, however, they have tended to focus on the ideas, politics, and pressures surrounding the retreat of the state from economic intervention. Thus in more general accounts it became axiomatic that the nineteenth-century state shrank progressively from social and economic intervention, liberating commerce, and resting the fiscal system on secure but modest direct taxation.
More recently, the relationship between the concept of “laissez-faire” and British state formation has been dramatically revised and refined by Philip Harling and Peter Mandler.
In the final decade of his remarkable life, the Victorian explorer and linguist Richard Francis Burton made a daring bid to provoke a confrontation with those forces in British society that he identified with moral intolerance and intellectual pedantry. Unlikely though it might seem, the instrument of this provocation was a work widely regarded as children's literature—the tales of the Arabian Nights. In 1885–86, Burton published a ten-volume translation of the tales, The Book of the Thousand Nights and a Night, followed in 1886–88 by an additional six-volume Supplemental Nights to the Book of the Thousand Nights and a Night. The mammoth scale of the endeavor was matched by its audacity. Burton not only offered an English reading public the first frank and unexpurgated translation of the tales themselves; he also peppered the text with footnotes about esoteric aspects of Islamic culture, especially sexual customs, and closed the tenth volume with a “Terminal Essay” that included a lengthy discourse on pederasty. This quixotic enterprise thrust Burton into the middle of an intersecting network of debates about sexuality and purity, state regulation and personal freedom, the Occident and the Orient. To examine the intentions that motivated Burton's translation of the Nights and the reception it received is to explore some of the crucial elements of the late Victorian crisis of identity.
While the crumbling of a Victorian cultural consensus has long been a matter of interest, only recently has attention turned to the role that non-Western influences played in this process.
A celebrated article in Shakespeare Quarterly opens with the question, “how many people cross-dressed in Renaissance England?” Jean Howard, who posed this intriguing question, suggests that disruption of the semiotics of dress, gender, and identity during the late Elizabethan and Jacobean periods points to “a sex-gender system under pressure” and a patriarchal culture disturbed by profound anxieties and contradictions. Even if the answer to her question turns out to be “very few,” the discourse surrounding the practice reveals an area of critical and problematic unease. Female transvestism on the streets of London, male transvestism on the stage, and vituperative attacks on cross-dressing by Protestant reformers are among the symptoms that indicate that “the subversive or transgressive potential of this practice could be and was recuperated in a number of ways.” Dressing boy actors for female roles, for example, was not simply “an unremarkable convention within Renaissance dramatic practice,” as some scholars have suggested, but rather a scandalous “source of homoerotic attraction” arousing “deep-seated fears” of an “unstable and monstrous” and feminized self. Whether in real life or in literature, by this account, cross-dressing involved struggle, resistance, and subversion, as well as modification, recuperation, and containment of the system of gendered patriarchal domination. Renaissance cross-dressing involved ideological work of a complex kind that ultimately, in Howard's materialist feminist analysis, “participated in the historical process eventuating in the English Revolution.” This is a claim that may make English historians gasp, but it is one that they cannot ignore.