The Echo of a Sentimental Jurisprudence

This article revisits what the poet Samuel Taylor Coleridge termed the ‘rage of metaphysics’, the grand intellectual engagement that defined the late eighteenth and early nineteenth century Enlightenment. It does so in order to retrieve an alternative jurisprudence, one that described itself as much in terms of sentiment as of sense. It is suggested that one of the most striking expressions of this jurisprudence can be found in Adam Smith's Theory of Moral Sentiments. This attempt to retrieve a sentimental jurisprudence chimes with a wider intellectual movement, headed by the likes of Richard Rorty and Martha Nussbaum, which seeks to reinvest a ‘new’ humanism in both domestic and trans-national legal and political order. It speaks more particularly to recent debates surrounding the nature of human and civil rights, and enjoys an added resonance in the context of recent attempts to fashion a jurisprudence of ‘reconciliation’ in South Africa and elsewhere. This revised version was published online in July 2006 with corrections to the Cover Date.     

Criminology post-Maastricht

My objectives in this paper are to try and identify the range of challenges that now confront critical criminologists who work in, and are attentive to, the “new Europe” whose construction was so clearly signalled by the Maastricht Treaty (the Treaty on European Union) of 1993. I want to concentrate here on two issues — firstly, the challenge of situating the work of criminology in relation to the process of political union (and enlargement) of the European Union, and, secondly, the articulation of an agenda of work for critical criminology, that derives, from an understanding of this broader context. This revised version was published online in July 2006 with corrections to the Cover Date.     

‘We must give them an education,large, liberal and comprehensive’. Catherine Vale Whitwell: teacher,artist, author,feminist and Owenite communitarian

This article was provoked by the author’s conviction that its subject was a great deal more significant than a marginalised woman on the fringes of Owenism, the reformist movement promoted by Robert Owen during the early nineteenth century. It examines the life of Catherine Whitwell, formally identified in studies of Owen and in histories of education as teacher cum artist in the school at New Lanark, Owen’s factory community in Scotland, and also one of several women writers on astronomy. Otherwise little was known of her activities or the contexts in which they occurred. There are many gaps in the record and her footprint is often illusive, but much new information in widely dispersed archives, periodicals, digitised newspapers and secondary sources helps cast further light on her background, a career embracing work as proprietor of girls’ schools, author of works on astronomy and mathematics, promoter of sciences for women, advocate of women’s education, artist and communitarian. The context of Whitwell’s work is reviewed with reference to recent relevant literature and followed by a case study explaining her association with Owen, speculating on her role in visualising his plans for communities of co-operation designed to relieve distress and create greater equality, then describing her teaching career both at New Lanark and later at Orbiston, the first British Owenite community near Glasgow. The study concludes with a brief review of her post-Owen work running girls’ schools and an assessment of her role in the development of education and disseminating knowledge, particularly for young middle class women and working class children in the first half of the nineteenth century.