Welsh Legal History: Outreach to Communities
Submitting Institution
Aberystwyth UniversityUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology
Law and Legal Studies: Law
Summary of the impact
This case study relates to the work of Richard W. Ireland in raising
awareness amongst the
general public, community groups and relevant professionals of the legal
history of Wales, and in
particular of its criminal justice history. This impact has been enabled
by regular public lectures,
often in relatively remote rural locations, by public broadcasts on radio
and TV, the provision and
maintenance of a dedicated website, and in more focussed discussion with
the archive and
museum sector, drawing on Ireland's published and ongoing research within
the field.
Underpinning research
Ireland's research has been mainly, but not exclusively, concerned with
the history of the criminal
justice system and, since 1993, has concentrated on experience within
Wales, based on close
engagement with material in local and national archival repositories. The
work is based on the
conviction that a failure to give proper consideration to material from
Wales has not only
impoverished understanding of the legal past of the country (which has
implications, for example,
on contemporary discussions as to whether there should be a "separate
jurisdiction" in Wales) but
has also distorted more generally the narrative of development of criminal
justice history within
England and Wales as a whole. So, for example, the detailed study of crime
and the responses to
it in Victorian Carmarthenshire, which saw its widest expression in a
monograph of 2007 (see 3c.),
challenges the writing of the history of criminal justice which is biased
in its concern with urban and
metropolitan experience and skewed by a fascination with serious
offending. Issues of cultural
variables such as language, tradition, religion and rurality feature
strongly within this text, as they
do in later work (see 3b.). At the same time the understanding of factors
which challenge
established social frameworks, understandings and differences-such as the
effects within the
nineteenth century of the impact of changing demography and immigration
(3f), or of photography
(as productive of and responsive to problems such as establishing a
concept of "identity" divorced
from local knowledge, 3e.) continue to inform the work. The approach is
unashamedly historical,
yet the issues raised within it are relevant outside the specific period
studied. The methodological
foundations of the research, relying on the recovery of lives of
"ordinary" people, even at the level
of their (literally) everyday experience (see 3d.), inevitably demand
reflection on the appropriate
audience for that work: a history of "ordinary" people which was presented
only to academic
audiences would be an uncomfortable paradox, a discussion of its findings
which ignored the
insights gained from exchanges with residents of modern rural Wales would
be blinkered.
Research material can be initiated by, and its results presented within,
a "non-academic" context
before being "worked up" for academic peers (3a., for example, is a form
of a paper which was a
plenary address to a British Legal History Conference, but originated in a
programme for BBC
Radio Wales). Research which is anchored in "popular" rather than
"official" perceptions of crime,
criminality and the perceived appropriate response to it, does not, of
course, involve the
renunciation of academic theoretical engagement: on the contrary, it
insists on challenging
dominant theoretical models which ignore such issues, or which
unthinkingly assume the priority of
change over stasis, the local over the (imagined) national or the "legal"
over the "social".
References to the research
a. R.W. Ireland, "Sanctity, Superstition and the Death of Sarah Jacob" in
A. Musson and C.
Stebbings (eds), Making Legal History Approaches and Methodologies
(CUP, Cambridge,
2012) pp. 284-302 (REF2 submitted).
b. R.W. Ireland, `"A second Ireland"? Crime and popular culture in
nineteenth-century Wales', in
R. McMahon (ed), Crime, Law and Popular Culture in Europe since 1500
(Willan, Cullompton,
2008) pp. 239-261.
c. R.W. Ireland, "A Want of Order and Good Discipline": Rules,
Discretion and the Victorian
Prison (University of Wales Press, Cardiff, 2007) 302 pages.
d. R.W. Ireland, `Charles Hunt's haircut: getting down to the roots of a
legal adventure' in P.
Brand, K. Costello and W. N. Osborough (eds), Adventures of the Law
(Four Courts Press,
Dublin, 2005) pp. 219-233.
e. R.W. Ireland, "The Felon and the Angel Copier: Criminal Identity and
the Promise of
Photography in Victorian England and Wales" in L. Knafla (ed), Policing
and War in Europe
(Greenwood, Westport Connecticut, 2002) pp. 53-86.
f. R.W. Ireland, `"An increasing mass of heathens in the bosom of a
Christian Land": the railway
and crime in the nineteenth century' (1997)12 Continuity and Change,
pp. 55-78.
Details of the impact
The research has conferred benefit, and had impact, on society outside
the academic world at
three levels: local (via addresses to societies such as Local History
Groups and Women's Institutes
(see 5 a, 5e)), national (via broadcasting, see 5b,) and international
(via a website, see 5f). In
general terms it has brought a knowledge of Welsh Legal History to a range
of audiences largely
unaware of that history. At a time of focus upon legal identity,
uniformity and difference (due to the
Devolution settlement) it has helped towards bringing historical context
and insight to lay
understanding. The engagement with these varied lay audiences (often
elderly, often female) is
important, since a knowledge of Wales's legal past (largely ignored even
by professional legal
historians beyond Wales) raises awareness of the social context within
which the law has operated
and draws attention to aspects of past Welsh experience (language,
rurality, etc) which continue,
and will continue, to be of significance in contemporary Wales ("It gave
us a completely new
perspective on the whole subject of law and order", 5a). It also seeks to
contextualise, realistically
and by reference to the study of archival sources, the operation of past
criminal justice history, a
subject which attracts considerable public interest, yet one in which,
dogged by stereotype and
sensationalism, the public are often poorly served.
More specifically the engagement has taken a number of forms. Addresses
to public bodies,
societies and associations have been prominent. Ireland has taken part, by
invitation, in talks and
lectures to a variety of clubs and societies within West Wales. These
include Womens' Institutes,
Local History Societies and the like, often in small villages. Around 35
such speaking engagements
have been undertaken since 2008, and whilst some have been more general,
many have involved
presenting the results of specific research projects detailed above (crime
and punishment in
Victorian Wales, early criminal photography, women and crime, the Jacob
case and Victorian
prison life have been popular themes, see 3 a.) to 3.e) supra)).
It should be stressed that such
latter presentations (and others considered below) are detailed and
specifically related to original
sources explored by the author and are not undertaken for personal reward.
The result is a local
population as informed of its legal-historical heritage as any. The
contact also serves to challenge
any perceived barriers between the University and the locality within
which it is situated.
In similar vein Ireland has taken part in broadcasts, both in discrete
programmes (such as the BBC
Radio Wales Past Masters programme on The Sarah Jacob Case
(broadcast 26 April 2009) and in
appearances on magazine programmes (The Roy Noble Show BBC Radio
Wales). In 2013 a piece
on which he worked and in which he appeared on early criminal photography
and filmed, at his
suggestion, in Ruthin Gaol appeared on BBC 1's The One Show (27
June 2013: note the director's
comment "Without his research and participation the film would have been
third-rate" in 5b).
Ireland has been involved, having been invited for a preliminary
assessment of the material held, in
consultations with staff of Dyfed-Powys Police in relation to the
conservation, housing and display
of the Force's important historic archive ("has provided invaluable advice
and support that has
made a significant impact on the future of the artefacts and archives" see
5c). Discussions arising
out of this matter further led to a meeting also with the county
archivists of Carmarthenshire,
Ceredigion, Pembrokeshire and Powys (14 April 2011) with a view to the
long term allocation,
preservation and accessibility of the archive. On a related subject, but
specifically addressing the
issue of the public presentation of historical material, Ireland was also
involved in a meeting (10
May 2012) with individuals from Dyfed-Powys Police and a designer working
on a newly opened
display of crime and punishment in Carmarthen, at which he briefed those
present on the findings
of his work on criminality in the County and advised accordingly ("with
this invaluable insight we
were able to recreate the prison cell...", 5d).
He established in 2008 and maintains (with technical assistance by
Technoleg Taliesin) the
website of the Welsh Legal History Society/Cymdeithas Hanes Cyfraith
Cymru. A founder
Committee member of this Society, Ireland devised the fully bilingual site
not only to give details of
the Society and its functions (to spread knowledge of, and promote
research into, the history of law
in Wales) but also (with the co-operation of archival repositories and
private individuals) to
establish a free online resource of research materials. The project is
ongoing, but includes a freely
accessible, searchable database of persons remanded to gaol in
Carmarthenshire between 1844
and 1871. The website, as evidenced by the detailed analytics, an overall
synopsis of which is
provided at 5f showing 4876 visitors to the site viewing 36,230 pages from
2008-end July 2013)), is
used by family and local historians as well as academics (as evidenced by
name searches within
the database). It is used internationally (in North America perhaps
particularly, but widely
elsewhere) as well as nationally and locally. It may be found at http://welshlegalhistory.org/.
A presentation concerning this resource was made to delegates (largely
members of the legal
profession) at the important Legal Wales Conference in October 2009.
In all of these activities, public participation and debate is promoted
or assisted through the
responsible and informed involvement of a wide variety of individuals in
engagement with high
quality research in areas where there is otherwise public ignorance or,
worse still, partial and
stereotypical knowledge. Individuals are encouraged and assisted to
understand the nature of
historical information and its location, and to engage in their own
interaction with it.
Sources to corroborate the impact
a) Letter from Hanes Emlyn
b) Letter from director (television)
c) Letter concerning Dyfed-Powys Police Archive
d) Letter concerning Carmarthen Crime and Punishment display
e) Letter from Women's Institute
f) Welsh Legal History Society website combined analytics.