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Chapter 1 - Carceral State Formation

from Part I - State, Law and Society

Published online by Cambridge University Press:  13 August 2026

Richard Thomas Bell
Affiliation:
University of Oxford
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Summary

Prisons were emblematic of early modern state formation, expanding in tandem with the growing impingement of state officers and the legal system on everyday life. Chapter 1 focuses on the institutional development of prisons, the officers who ran them and their place within the officeholding state. It surveys the variety of prisons in England, the product of gradual and uneven development that gave rise to institutions that operated within a series of overlapping jurisdictions and that struggled with a rapidly expanding carceral population. This decentralised carceral infrastructure – so typical of the early modern state – also posed challenges for prison governance and regulation, opening the system to claims of corruption and profiteering. Thus, this chapter explores the place of the gaoler within the wider dynamics of early modern officeholding authority and the disciplinary maintenance of economic and social stability. It argues that as unpopular state agents, gaolers posed challenges to political legitimacy, in extreme cases generating hostility towards state and legal authority.

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