Sangam: A Confluence of Knowledge Streams

R v Hall and the changing perceptions of the crime of bigamy

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dc.creator Probert, RJ
dc.date 2018-11-22T13:35:49Z
dc.date 2019-01-15
dc.date.accessioned 2022-05-27T01:02:54Z
dc.date.available 2022-05-27T01:02:54Z
dc.identifier Published online 15 January 2019.
dc.identifier 10.1017/lst.2018.49
dc.identifier http://hdl.handle.net/10871/34873
dc.identifier 0261-3875
dc.identifier Legal Studies
dc.identifier.uri http://localhost:8080/xmlui/handle/CUHPOERS/241915
dc.description This is the author accepted manuscript. The final version is available from Cambridge University Press via the DOI in this record.
dc.description In 1845, the conviction of Thomas Hall for bigamy was reported as an example of the unequal way in which the law operated, with great play being made of the steps that Hall could have taken to free himself from his first wife by a divorce, were it not for the cost involved. Since then, virtually every account of nineteenth-century bigamy or divorce has included some version of the judge's apparently ‘brilliantly sarcastic’ speech. But what the judge was reported as saying at the time differs in a number of crucial particulars from what later commentators have reported him as saying. Later accounts have played up the misconduct of the first wife, inflated the cost of obtaining a divorce, and exaggerated the poverty and lowly status of Hall, while playing down the sentence he received and ignoring his deception of his second wife. This paper traces the evolution of the account over time, and identifies the timing of the various changes that were made. It illustrates how history is used – by politicians, reformers, and scholars – to support both a particular view of the past and to bolster claims as to how the law should change for the future.
dc.language en
dc.publisher Cambridge University Press (CUP) / Society of Legal Scholars
dc.rights © The Society of Legal Scholars 2019.
dc.title R v Hall and the changing perceptions of the crime of bigamy
dc.type Article


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