CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, August 19, 2013

Costello on Imprisonment for Debt

Kevin Costello (UCD) has posted Imprisonment for Debt in Early Nineteenth Century Ireland, 1810-1848 on SSRN. Here is the abstract:

About one third of the prison population in early nineteenth century Ireland was made up of persons imprisoned by their creditors for debt. These prisoners had been arrested for defaulting on debts owing to shopkeepers. The growing size of the prison debtor population was, by the second decade of the century, threatening to cause a humanitarian crisis. The Government responded to this by, first (1821), establishing a specialist Insolvent Debtors Relief Court, second (1848), by abolishing the creditor’s power of imprisonment for debts under ten pounds, and, finally (1872), by abolishing the power to imprison genuinely insolvent debtors Each of these reforms was opposed by small business interests. This interest group -- particularly small retailers -- viewed abolition as threatening an essential and effective means of debt recovery. Abolitionists, and the Government, on the other hand, argued that the process of arrest did not work. This paper offers an account (i) of the process of imprisonment for debt in nineteenth century Ireland, (ii) of conditions in Irish marshalseas, and (iii) of the profile of those creditors who used imprisonment. It concludes with an assessment of the abolitionist claim that the remedy was ineffective.

| Permalink


Post a comment