A Sectarian Middle Ground?: Impartiality, Politics and Power in the 1820s Petty Session Courts.

A new historiography of the courtroom locates it not just as a place of top-down power, but a space to negotiate social order that included men and women of different ranks. Using evidence from the Irish petty sessions reported in the local press in the 1820s, this article argues that an ideal of 'impartiality', common to the law and to elite masculinity alike, provided an opportunity for Protestants and Catholics to discuss and contest the relative power of different social groups within Irish society in a context where political speech was constrained. The courtroom became a space both within and outside of society, allowing a broader range of political debate and expression that was typically allowed. When reported in the press, such discussion could have political import. Moreover, due to the pressure on magistrates to appear impartial, lower order Irish men and women could use the desire to appear impartial as an opportunity to contest traditional power structures and to use the courts to their advantage. [ABSTRACT FROM AUTHOR]