On the road to industrial capitalism from feudalism and feudal law, re-definition of this autocratic aristocratic law was the first stage of bourgeois leadership (Linebaugh, 1993), including; summary jurisdiction by magistrates during the 18th century, rationalisation of the law by Sir Robert Peel, Home Secretary in the 1820’s. The new agency to enforce this law was the police (Emsley, 1997, in Maguire, Morgan and Reiner (eds) 1997, Ignatieff, 1978), and from 1828 the penitentiary was to be the new recipient of “the new volume of petty arrests by the police” (Ignatieff, 1978, 185), however;
Eighty Five percent of their arrests in the 1830s were for vagrancy, prostitution, drunkenness, disorderly behaviour, and common assault, while only 15 percent were for indictable offenses, most of these being petty larceny and pickpocketing… the new police were not... successful in detecting or deterring burlaries, robberies, and other major crimes” (Ignatieff, 1978, 185).
The law and the police were employed as an ad hoc modernising force, and aimed at the entire industrial working class instead of its’ periphery. A feature, that remains until far into the nineteenth century, prior to 1840 virtually all methods aimed at enforcing discipline over the working class were punitive and suppressive (Lea, 2002). As time progresses, the by now confident bourgeoisie pressed on with encouraging the new arbiters of official morality to rule working class areas, making labour accept the habits necessary to work for capital;
The imposition of the police brought the arm of municipal and state authority directly to bear upon key institutions of daily life in working class neighbourhoods, touching off a running battle with local custom and popular culture which lasted at least until the end of the century [Cohen, 1981, describes this process in the first decades of the 20th century]… the monitoring and control of the streets, pubs, racecourses, wakes, and popular fetes was a daily function of the ‘new police’… [this was] a direct complement to the attempts of urban middle class elites… to mould a labouring class amenable to new disciplines of both work and leisure (Storch, 1976, 481).
This is part of an overall strategy of governance and the building of a new social order including different disciplinary arenas e.g. asylums, police, factories, poor law, workhouses, welfare, prisons, and schools (Ignatieff, 1978, Knott, 1986, Porter, 1994, Longmate, 2003, Wilson, 2002, Kennedy, 2004), all linked in a myriad of ways to the regulation of the economy. It was Jeremy Bentham whose utilitarian ideas and designs influenced the police, prisons, and workhouses, and he “in fact as well as spirit may be seen as the father of Victorian real politik” (Wilson, 2002, 38). Industrial capitalism and its superstructure thus matures’, creating new contradictions that the bourgeoisie has to overcome with new forms of dominance. Part of this political environment was a general fear of the dangerous classes in the nineteenth century by the wealthy and powerful (Lea 1997, 2002, Storch, 1975 in Fitzgerald et al, 1981, Stedman Jones, 1971, in Fitzgerald et al, 1981). Who argued in cataclysmic terms, that unless a new force of social discipline was imposed upon the masses then chaos would be the result (Thompson, 1968, 617).