CrimProf Blog

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

Friday, January 17, 2020

Boyd et al. on Imprisonment for Debt

Jodie BoydIan Ramsay and Paul Ali (Centre for Urban Research, RMIT University, Melbourne Law School - University of Melbourne and University of Melbourne - Law School) have posted 'Contrary to the Spirit of the Age': Imprisonment for Debt in Colonial Victoria, 1857–90 (Melbourne University Law Review, Vol. 42, No. 3, pp. 737-779, 2019) on SSRN. Here is the abstract:
The reintroduction in 1857 of imprisonment for debt in colonial Victoria flew in the face of international momentum for its abolition. In its criminalisation of debt and poverty, the Fellows Act 1857 (Vic) (21 Vict, No 29) also defied the rapid advancement of democratic and egalitarian principles in the fledgling colony. Frequently referred to as ‘gross class legislation’, the law was used unabashedly to target poor small debtors, leaving ‘mercantile men’ with significant debt untroubled by the prospect of a debtors’ gaol. Despite consistent and broad opposition to the Fellows Act, its advocates resisted repeated attempts to abolish or meaningfully amend it. It is argued here that the law, and its survival against the ‘spirit of the age’, can be understood as part of a broader story of conservative resistance to the democratic innovations that threatened the power of the Victorian mercantilist establishment.

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