An Analysis Of Douglas Hay's 'Majesty'

History of Crime and Justice – Assessment 1

This essay will be focused on outlining the main features of Douglas Hay’s ‘Majesty’ in relation to the maintenance of power and authority by the middle class. It will describe the ways in which Hay examines the 18th century Criminal Justice System through a Marxist perspective, in addition to discussing the relevance of Hay’s arguments.

In order to understand Hay’s article, it is important to have a basic understanding of the fundamentals of Marxism – this will provide the necessary context to identify and understand the Marxist perspective in the article. Marxism is a political philosophy which focuses on social class and conflict as one of its main ideas. This is where one political class (the

The assize is another word for the court. In the 18thcentury, the assize would travel twice a year to various locations in the country, bringing their entourage with them. This included a range of things such as judges, lawyers, clerks, the friends and families of the court, and luxurious items such as maids, cooks, and servants. The article by Hay describes it as a “formidable spectacle”. This element of majesty helps protect the power and authority of the middle class. The mere spectacle itself is enough for the working class to come to the realisation that this ruling class has authority and power. Their power was displayed through their wealth – it was truly symbolic of the power manifested in them by the state. By the nature of the time period, the assize would be travelling in horse-drawn carriages. The fact that the assize could afford to feed not only their families, but a large animal, too, truly showcases their wealth. In the 18th Century, people lived in a very primitive society. For example, there was no police. Therefore, prosecution was dealt with solely by the victim of the crime. However, to take someone to court you had to be wealthy. Thus, the victim would come from the middle class. This display of wealth from the assize is a reminder to the working class that they have the power and authority to prosecute if people behave disorderly. The power and authority of the working class is maintained from

The hierarchy of the court is made in a way that screams power. The judge would take the high seat in the court. This is illustrative of God. The judge has a position of true power; he is seated at the top of the court, looking down on everyone. This alone suggests that the judge believes he is above the working class. It shows his power and authority from his position alone. The intimidation of looking up to someone and answering all his questions will, again reinforce their place in society. Thus, power and authority is maintained through the structure of the court. It is a simple reminder that the working class are not above the law – the law being the ones who make it, the ruling