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The Geography of Justice: How ‘Local Peculiarities’ Shaped Legal Precedent in Regina v Bolam (1839)

Helen Rutherford, Clare Sandford-Couch

Research output: Contribution to journalArticlepeer-review

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Abstract

Regina v Bolam (1839) established a legal precedent for postponing criminal trials where jury composition might prevent a fair hearing. This article offers a microhistorical study of a Northumberland murder trial, examining defence counsel’s argument based on seasonal variation in the county’s catchment areas for jury selection between the Spring and Summer Assizes. Through analysis of legal and non-legal sources – jury records, Crown minute books, contemporary newspapers, electoral registers and maps – we demonstrate how trial-jury selection patterns intersected with intense pretrial publicity to shape legal precedent. We explain how physical geography – including weather patterns, settlement distributions, and transport networks – led directly to legal precedent rather than merely contextualising it. We offer new insights into the relationship between law, geography, and justice in nineteenth century England, and in combining a microhistorical method with spatial and geographical analysis make a distinctive and original contribution to legal historical scholarship.
Original languageEnglish
JournalJournal of Legal History
Publication statusAccepted/In press - 9 Apr 2026

Keywords

  • the ‘Spatial Turn’
  • Microhistory
  • Law and Humanities
  • Legal Geography
  • Socio-legal
  • Trial postponement
  • Precedent
  • Legal history

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