This chapter is concerned with the islands, and parts of the mainland, which were colonised by the British from the early seventeenth century and named as the British West Indies. The British West Indian colonies formed a link between North and South America and were strategically vital to the European powers. The task of the West India interest was to lobby the government and counter the abolitionists. The naming of black regiments as West Indian fractured the prevailing image of West Indian as signifying an exclusively white identity. Emancipation marked a critical break in ideas about the West Indian. James Anthony Froude's return to an insistence on white West Indians as ‘part of ourselves’ provides an endpoint to the preliminary charting of the shifting meanings of West Indian. Furthermore, the idea of West Indian is part of an older tradition of both colonial and anti-colonial thought.
Imprisonment, or internment, without trial is regarded as abhorrent and capable of being justified only by the most pressing needs of wartime or national emergency. The resolution of contested issues of fact appears to be essential to the concept of a trial. The questions are too wide in a further respect, in that the natural meaning of the word 'trial' is confined to proceedings that are criminal in nature. It is common to describe as the 'Trial of Queen Caroline' the proceedings brought in 1820 to dissolve Queen Caroline's marriage to King George IV and to deprive her of her title, rights and privileges. The investigative characteristics of a trial are to be found in the formal inquiry that is often set up in the aftermath of a disaster, though the same event may be the focus of a number of criminal prosecutions or civil actions.
Edited by: Bill Schwarz
Caribbean migration to Britain brought many new things—new music, new foods, new styles. It brought new ways of thinking too. This book explores the intellectual ideas that the West Indians brought with them to Britain. It shows that, for more than a century, West Indians living in Britain developed a dazzling intellectual critique of the codes of Imperial Britain. Chapters discuss the influence of, amongst others, C. L. R. James, Una Marson, George Lamming, Jean Rhys, Claude McKay and V. S. Naipaul. The contributors draw from many different disciplines to bring alive the thought and personalities of the figures they discuss, providing a picture of intellectual developments in Britain from which we can still learn much. The introduction argues that the recovery of this Caribbean past, on the home territory of Britain itself, reveals much about the prospects of multiracial Britain.
The Washington summit was useful to Lyndon B. Johnson mainly because it allowed him to impress upon the British the need for them to retain their traditional 'great power' role and also to allow him to bring the multilateral force (MLF) to a conclusion. Harold Wilson accepted the American view that Britain should preserve its current position in defence, telling the Cabinet on 11 December that 'the most encouraging fact about the conference was America's emphasis on Britain's world wide role'. Johnson not only wanted Wilson to maintain Britain's defence commitments, but to extend them into South Vietnam. After Wilson's visit to Washington, most observers, including the President, anticipated that he would face a serious challenge in explaining what he had agreed to in Washington to the House of Commons in the foreign affairs debate scheduled for 16-17 December.
This chapter attempts to show that the thirteenth-century criminal jury was self informing. It argues that jurors came to court with extensive knowledge of the facts. The chapter considers the presenting jury, because during the thirteenth century the two juries are often difficult to distinguish and because presenting jurors usually served on the trial jury. One of the more convincing arguments that J. B. Post and E. Powell advanced against the self-informing jury theory is that defendants were frequently released without trial if no accuser came forward against them at gaol delivery. Trial accounts are potentially the most valuable evidence in establishing whether medieval juries were or were not self informing. By the mid-fifteenth century, however, it is clear that jurors were becoming increasingly dependent on in-court testimony.
For a decade or more a traumatized mankind was in denial about its historic complacency towards the use of war as an instrument of policy. Pacifism became a mass movement of international dimensions. The record seemed to confirm that in future all wars would involve a significant role for the air forces of the combatants. It also suggested that not only would civilian populations become prime targets but that the targeting would be successful. The various elements of potential disaffection and dissidence constituted a significant cause for official concern in the peace-threatening years from 1935 to the actual outbreak of war in 1939. Mass-Observation found that despite the rumours of war, the recurrent international crises and the visible evidence of Air Raid Precaution (ARP), there was only low expectation that war would come soon, or ever, and widespread cynicism about government information.
The term ‘Phoney War’ was used to illustrate that no massed flights of German bombers appeared above Britain's cities to batter the citizens into submission. After the eight months of relative inactivity, there came a period of momentous events: the evacuation of the British Expeditionary Force at Dunkirk, the collapse of France, the threat of invasion, the Battle of Britain. This was followed by subjecting London and several provincial cities to heavy bombing and the persistence of threat of invasion. Finally, the last phase showed the withdrawal of threat of invasion, the bombing became more patchy and intermittent and the war took on the character of a long haul to victory. Inactive character itself became a threat to popular morale during Phoney War. Fear, panic and hysteria were present among civilians subjected to bombing. Russia's involvement meant that victory was not quite so difficult to imagine.
Defeats and setbacks gave way to victories and advances on all fronts and the steady progress to victory was established. Part of the terror of the Blitz had been the fear that it was merely the prelude to invasion. When the excitement of Russia's entry into the war began to withdraw, and the news of her defeats and retreats accumulated, optimism about an early end to the war or even about victory itself receded. The issue of wartime separation is addressed in this chapter. There is a patchwork of ‘stories’ each of which discloses the private anguish of one separation but which together represent the common lot. Mass-Observation's surveys confirm that most people grumbled about shortages and loss of choice. The regime of wartime tended to criminalize many who were strangers to the courts. The final trial of the war served to confirm the broader story of wartime civilian morale.
Legality and legitimacy
An assessment of the historical place of any trials requires both a micro and a macro analysis. This chapter describes the history of national and international trials for 'war crimes' and considers the various purposes of war crimes trials. It presents the comparative examination of the establishment and functioning of the Nuremberg, Tokyo, Yugoslavian and Rwandan tribunals respectively. Nuremberg has been described as 'the most majestic forensic drama ever enacted on the stage of history'. Article 6 of the charter provided for jurisdiction over three categories of offence for which there was individual responsibility: crimes against peace, war crimes, and crimes against humanity. The chapter highlights the principal features of the permanent international criminal court. It concludes with an assertion that that war crimes trials before international tribunals have moved closer and closer towards satisfying purer norms of legality and legitimacy.
John J. Hurt
This chapter discusses the victory over the parlements during 1671–1675. In March 1671, the king issued two new edicts for the contrôle des exploits and the consignation des amendes. These edicts led to months of resistance from the provincial parlements, which reflexively adopted their proven tactics of modification and delay. At another time, the government might have compromised with the judges; but the new relationship with the Vialet group meant that Colbert had to get the parlements to register fiscal laws unmodified and quickly. Moreover, the current royal budget showed a deficit for the first time in ten years, and Colbert needed the revenue from the two edicts to help close the gap between income and expenditure. The edict of 1671 for the contrôle des exploits updated the 1669 original by specifying all the types of writs, summonses and subpoenas that came under the contrôle, an effort to eliminate recent parlementary evasions.