"Beyond the Law"
The Politics of Ending the Death Penalty for Sodomy in Britain
Format:Hardback
Publisher:Temple University Press,U.S.
Published:15th Oct '21
Currently unavailable, and unfortunately no date known when it will be back
This hardback is available in another edition too:
- Paperback£31.00(9781439920343)
In Beyond the Law, Charles Upchurch explores the political struggle to reform sodomy laws in nineteenth-century England, revealing the complexities behind social change.
In nineteenth-century England, sodomy was a crime punishable by death, and even mere accusations could irreparably tarnish a man's reputation. The last executions for this private, consensual act occurred in 1835, yet the struggle to reform the laws surrounding it was fraught with challenges and complexities, ultimately culminating in a significant shift in 1861. In Beyond the Law, historian Charles Upchurch meticulously assembles historical fragments and employs a queer history methodology to narrate the largely overlooked political journey aimed at abolishing the death penalty for sodomy, a movement that gained momentum in 1841.
Upchurch delves into the contributions of key reformers such as Jeremy Bentham and Lord John Russell, who famously claimed that the death penalty for sodomy was beyond the law and above the law. The narrative also uncovers a personal connection between the families of the two men who co-sponsored pivotal legislation, illustrating how private lives intertwined with public policy. By highlighting the diverse ethical, religious, and humanitarian arguments against the punishment of sodomy, Beyond the Law challenges prevailing narratives of nineteenth-century British history.
This work reveals that social change was not solely the result of abstract ideals but rather an intricate tapestry woven from reformist zeal, familial bonds, elitist politics, class dynamics, enlightenment thought, and individual desires. Through this lens, Upchurch offers a fresh perspective on how societal attitudes towards sodomy evolved during a tumultuous period in history.
“Convincing and stimulating, Upchurch’s book is grounded in a rich and complex archive and is a triumph of historical detective work. His patient piecing together of quite disparate materials to develop a case strengthens the sense that he is genuinely breaking new ground. ‘Beyond the Law’ is a very important book that will change our understanding of what happened before 1861 when the death penalty for sodomy in England was abolished.”—Jeffrey Weeks, Professor Emeritus of Sociology at London South Bank University, and author of Between Worlds: A Queer Boy from the Valleys
“‘Beyond the Law’ reveals hitherto almost unknown efforts to repeal the death penalty for sodomy in the early nineteenth century in England and provides a new interpretation of the 1885 Labouchere Amendment on that topic. Upchurch offers amazing research, new discoveries, and fascinating stories of the people behind these legislative efforts, as well as rich discussions of the tragic persecutions of many men who had sex with men. His book is a very interesting and compelling read.”—Anna Clark, Professor of History at the University of Minnesota, and author of Alternative Histories of the Self: A Cultural History of Sexuality and Secrets, 1762–1917
"[I]t is a great pleasure to receive a work based on such deep and solid scholarship as this book by Charles Upchurch. What Upchurch meticulously uncovers are the unfulfilled possibilities that the death penalty for the ‘crime unfit to be named’ might have been abolished well before the Offences against the Person Act (1861) undertook a major tidying-up of the legislation across a range of crimes falling under that heading.... The author demonstrates a thorough grasp of the legal and political contexts, and a nuanced apprehension of the ways particular individuals might intervene to ameliorate the severity of laws that could still only be discussed obliquely and euphemistically."—English Historical Review
"Where Upchurch has done much valuable service has been through his detailed research into the personnel involved in the various inconclusive parliamentary debates. This research has exposed a mass of interesting information about the progress of the movement for reform.... Historians of sexuality can benefit from Upchurch’s heavy hinting that there is a bigger historical project waiting to be carried out into the queer reasons why so little was done and by so few."—Journal of the History of Sexuality
"[A] comprehensive picture of the experience and politics of same-sex desire in Britain in the first half of the nineteenth century. It should be of value to those generally interested in the history of sexuality in Britain, to historians of the queer past, and to scholars of British politics in a complex period of change. It is a rich study that connects the personal and the political, the intellectual and the social, based on the results of amazingly diligent sleuth work.... Upchurch has deepened our understanding of the politics of sodomy law reform at the tail end of Britain’s great nineteenth-century age of reform."—History: Reviews of New Books
"[A] queer history of politics that ambitiously and innovatively brings together queer, legal, and intellectual histories.... This is an impressive book in some respects and will be of interest to historians of sexuality, criminal law, and intellectual history alike. There is some excellent historical detective work at points. Almost no stone is left unturned in piecing together the background to the key events and figures."—Criminal Law and Criminal Justice Books
ISBN: 9781439920336
Dimensions: 229mm x 152mm x 25mm
Weight: unknown
326 pages