Douglas Hay in his chapter “Property, Authority and the Criminal Law” was arguing that the criminal law system during the eighteenth century made it possible to govern England without the use of a police force or large army. In contrast to this argument is John Langbein’s argument in his article “Albion’s Fatal Flaws.” Langbein argued that the criminal law and its procedures existed to serve and protect the interests of those who were victims of crime – a group that was largely non-elite.
Of these two arguments I believe Hay’s argument holds more weight and is more convincing. Langbein’s article is in response to the first chapter only of Hay’s book Albion’s Fatal Tree. Although Langbein did state he would only be critiquing the first chapter,
Of these two arguments I believe Hay’s argument holds more weight and is more convincing. Langbein’s article is in response to the first chapter only of Hay’s book Albion’s Fatal Tree. Although Langbein did state he would only be critiquing the first chapter,