Parliament, Physicians, and Nuisances
The Demedicalization of Nuisance Law, 1831-1855
Bibliographic Data
| ID | 15025935 |
|---|---|
| Authors | James Hanley (University of Winnipeg, corresponding author), James G Hanley |
| Year | 2006 |
| Volume | 80 |
| Issue | 4 |
| Pages | 702-732 |
| Publication date | 2006-12-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Bulletin of the history of medicine (JOURNAL) |
| Journal identifiers | ISSN: 0007-5140 • E-ISSN: 1086-3176 |
| Publisher | Project MUSE (PUBLISHER • US) |
| DOI | 10.1353/bhm.2006.0127 |
| PMID | 17242552 |
| OpenAlex | W2059171648 |
| Language | EN |
| Citations received | 1 |
| References cited | 15 |
In Britain in 1830, nuisances legally comprised a heterogeneous collection of irritants, united by their ability to cause hurt, inconvenience, or damage. The only legal remedies for nuisances that applied to the entire country were provided through the common law. Though respected, common-law procedure was time consuming, costly, uncertain, and intended to protect the enjoyment of property, not of health. Dangers to health could be removed if they were a nuisance, yet health hazards were not conceptualized separately from nuisances in general, nor were they dealt with differently in practice. This paper demonstrates that during the 1831â 32 cholera epidemic, and again in 1846, the executive and the legislature created a strictly medicalized health hazard as part of the transformation in nuisance law and practice. The paper argues, however, that the creation of a medicalized health hazard was a defensive reaction on the part of central authorities. Indeed, after 1846 Parliament retreated from a strictly medicalized health hazard in the face of local resistance and skepticism, and by 1855 physicians played only a marginal and supporting role in nuisance practice. The development of nuisance law thus illustrates the local inspiration for sanitary reform and the often highly contested nature of central interventions
Hazard · Law and economics · Legislature · Nuisance · Parliament · Political science · Politics · Sociology · Historical and Scientific Studies · Historical Economic and Social Studies · Historical Psychiatry and Medical Practices · Law
The life and times of Sir Edwin Chadwick
Contagion and the State in Europe, 1830-1930
Popular Movements c. 1830–1850
The Greville Memoirs
Edwin Chadwick, "Mutton Medicine," and the Fever Question
The Public's Reaction to Public Health
Medical men, industrial labour and the state in Britain, 1830–50∗
The Local Acts of a National Parliament
Expert Witnesses. Science, Medicine and the Practice of Law
Medicine, Property and the Law in Britain 1800–1914
Cholera 1832
The Monster Nuisance of All
Edwin Chadwick and the Public Health Movement, 1832-1854
Some Influences Affecting the Development of Sanitary Legislation in England
Power and Authority in the Victorian City
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,13 |
| Citation span | 2018 - 2018 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |