Bloody Murder Test 2 Reading #2.5

What did reformers and thinkers expect the law to do in Victorian society?

They expected it to educate people in new standards of behavior and give guidance before they acted, not just deal with the consequences of their actions.

How did Victorian law express the ideal of the “responsible individual”?

It assumed the public was rational and responsible, using law both to reflect and to produce self-governing citizens through moral discipline and liability.

What belief underpinned early Victorian law reform?

The belief that the best way to make people self-governing was to hold them strictly responsible for their actions and their consequences.

How was crime viewed in early nineteenth-century thought?

As a reflection of character defects — failures of self-discipline or rational self-interest — rather than just poverty or mistreatment.

What common goal did reformers, administrators, and judges share despite differences in method?

They shared a discourse of moralization, using the law to instill discipline compatible with liberal individualism.

How did Patrick Colquhoun describe the relationship between law and society?

He wrote that “What education is to an individual, the laws are to society,” emphasizing law’s moral and instructive role.

What was the impact of the “Prisoner’s Counsel Act” of 1836?

It aimed to remove emotion and personal sentiment from trials, making judges neutral monitors rather than paternal figures, and promoting rational, impersonal justice.

What shift in metaphor accompanied the 1836 legal reforms

The courtroom changed from a “family” metaphor (judge as father) to a “marketplace” model — where rational, self-disciplined individuals pursued justice under impersonal rules.

What broader social goal did the removal of judicial paternalism serve?

It was believed to confront individuals more directly with personal responsibility, improving both moral character and social order.

What trend did the reforms in criminal law reflect overall?

The rationalization of justice — replacing arbitrary, emotional, and personalized systems with consistent, predictable, and rule-based law.

How was “Old Regime” criminal justice characterized

It was discretionary, personalistic, and inconsistent — heavily dependent on the personalities of judges and social hierarchies.

Why did reformers criticize eighteenth-century justice as a “lottery”?

Because punishments varied wildly, similar crimes had different outcomes, and personal factors often determined sentences rather than consistent rules.

What did reformers believe was essential for deterrence and moral improvement?

That criminal sanctions be clear, consistent, and certain — allowing people to plan their actions rationally.

How did the law of larceny change in the nineteenth century?

It began emphasizing intent rather than harm, moving punishment earlier in time to encourage foresight and self-control.

What pattern paralleled larceny law in the law of debt?

Although imprisonment for simple debt ended, fraud or willful nonpayment was punished more harshly, tying legal guilt to moral failure.

How did Victorian judges interpret intent and morality in contract law?

They read moral standards like reasonableness and self-discipline into contracts, assuming “all reasonable men” shared these intentions.

What was the hidden moral function of Victorian contract and property law?

o build character — promoting foresight, reliability, and moral restraint under the guise of enforcing voluntary agreements.

How did the 1857 Divorce Act reflect Victorian moral aims?

While expanding access to divorce, it reinforced marriage by punishing fault and emphasizing moral responsibility within marriage.

What was the implicit moral agenda of Victorian legal reform as a whole?

To transform citizens into disciplined, rational, self-controlled individuals — using the law as an instrument of character formation and moral education.

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