ABSTRACT

One of the main generators of social distrust is actual and perceived crime. It is therefore important to determine whether crime rose or fell during the period and to examine the various government institutions that sought to sanction those who acted opportunistically. The chapter is broadly divided into two parts, which explore respectively crime and the civil legal system. The first section discusses the perceived rise in crime in the early part of the period under study and examines explanations for the phenomena – poor policing, an archaic legal system, private prosecution and an inadequate legal profession. The rejuvenation of the criminal system is then examined and the proposition put forward that the government sought to maximise social capital by deliberately depressing crime statistics. In the second part of the chapter, the spotlight turns to the civil legal system. The failings of the various courts and civil law are investigated, as are the ways in which, over time, the superior and local courts were reformed and civil law toughened.