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thesis
posted on 2019-06-10, 01:39authored byLister, Alesha
This thesis is the first legal-historical study of male-perpetrated child homicide cases
tried in the Central Criminal Court of London between 1889 and 1913. It examines how
concepts of masculinity and fatherhood were mobilised in representations of men
accused of killing their children in late nineteenth- and early twentieth-century England.
The research draws upon a dataset of 306 homicide cases involving victims under
fourteen years of age tried at the Central Criminal Court of London between 1889 and
1913. The 120 homicide cases involving male defendants are the specific focus of the
study and select cases are analysed using gender as the primary category of analysis.
Divergent representations of men indicted for the death of their child within legal and
social contexts are examined within a post-structuralist theoretical framework.
Qualitative and quantitative methodologies are employed to analyse archival material
produced by the Criminal Court and Home Office, and relevant cultural discourse within
the printed media. This study finds that constructions of male-perpetrated child
homicide in nineteenth and early twentieth-century England were highly gendered and
culturally specific. It argues that contemporary cultural expectations of working-class
masculinity played a decisive role in determining verdict and sentencing outcomes in
trials of child homicide.
The first chapter establishes the research design and conceptual framework of the
thesis and positions my thesis in relation to existing literature on child homicide in
nineteenth- and early twentieth-century England. In chapter two I explore how cultural
assumptions about masculinity and fatherhood were bought into play within criminal
trials of women accused of killing their children. Chapter three considers how cultural
assumptions about class and gender underpinned spousal provocation as a mitigating
defence for men and women accused of killing their children. Chapter four examines the
construction of masculinity and fatherhood within insanity defences of paternal filicide.
My fifth chapter demonstrates the extent to which perceptions of men’s guilt and
culpability in cases of child homicide were shaped by cultural expectations of class,
gender and sexuality. The final chapter analyses how contemporary understandings
about paternal responsibility and authority played out in trials of homicidal paternal
negligence.
The willingness of the Court to accept socio-economic explanations of male-
perpetrated child homicide was underpinned by late Victorian and Edwardian
understandings of class and gender. Rulings recognised working-class men’s ability to
attain full masculine status was subject to a range of external social and economic forces
beyond their control. Juries repeatedly showed their willingness to extend mercy to
men who killed their children out of desperation when they tried and failed to provide
for their family. The strength of cultural associations between child homicide and the
economic marginalisation of London’s poor lent credence to men’s appeals to socio-
economic circumstance to mitigate acts of child homicide.
History
Principal supervisor
Christina Twomey
Additional supervisor 1
JaneMaree Maher
Year of Award
2016
Department, School or Centre
School of Philosophical, Historical & International Studies