International Social Science Journal (Chinese Edition)

No.3, 2024

 

Changes and Continuities: Law, Justice and the Social Order in England, 1500-1800

(Abstract)

 

Brodie Waddell

 

Between 1500 and 1800, Britain underwent significant socioeconomic change, along with changes in law and justice. The rise of capitalism and urbanization changed the economic and social structure, with the rise of the middle class and the emergence of the proletariat leading to new social stratification and growing economic inequality. The gradual decline of royal absolutism and the rise of parliamentarism and party ideology emphasized that government should be based on a social contract and popular consent. There has been a rise in concern for individual rights, including the right to private property, the right to trial by jury and religious tolerance, but these tend to be limited to specific groups, such as propertied men. There has been a clear trend towards centralization and greater formalization and professionalization of the legal and judicial systems, however, these changes have not been universal and the rights of women, the poor and special groups have been limited or suppressed, while it has also increased social inequality and excluded the majority from participating in politics and law-making.