In nineteenth-century England, sodomy was punishable by death; even an accusation could damage a man’s reputation for life. The last executions for this private, consensual act were in 1835, but the effort to change the law that allowed for those executions was intense and precarious, and not successful until 1861. In this groundbreaking book, “Beyond the Law,” noted historian Charles Upchurch pieces together fragments from history and uses a queer history methodology to recount the untold story of the political process through which the law allowing for the death penalty for sodomy was almost ended in 1841.

Upchurch recounts the legal and political efforts of reformers like Jeremy Bentham and Lord John Russell—the latter of whom argued that the death penalty for sodomy was “beyond the law and above the law.” He also reveals that a same-sex relationship linked the families of the two men responsible for co-sponsoring the key legislation. By recovering the various ethical, religious, and humanitarian arguments against punishing sodomy, “Beyond the Law” overturns longstanding assumptions of nineteenth-century British history. Upchurch demonstrates that social change came from an amalgam of reformist momentum, family affection, elitist politics, class privilege, enlightenment philosophy, and personal desires.

The first five volumes of the Correspondence of Jeremy Bentham contain more than 1,300 letters written to and from Bentham over fifty years, beginning in 1752 at the age of three and ending in 1797 with correspondence concerning his attempts to set up a national plan for the provision of poor relief. The letters in Volume 1 (1752-1776) document his difficult relationship with his father—Bentham lost five infant siblings and his mother—and his increasing attachment to his surviving brother, Samuel. We also see an early glimpse of Bentham’s education, as he committed himself to philosophy and legal reform. The exchanges in Volume 2 (1777-1780) cover a major event: a trip by Samuel to Russia. This volume also reveals Bentham working intensively on the development of a code of penal law, enhancing his reputation as a legal thinker. Volume 3 (1781-1788) shows that despite developing a host of original ideas, Bentham actually published little during this time. Nevertheless, this volume also reveals how the foundations were being laid for the rise of Benthamite utilitarianism. The letters in Volume 4 (1788-1793) coincide with the publication of An Introduction to the Principles of Morals and Legislation, which had little impact at the time. In 1791 he published The Panopticon: or, The Inspection-House, in which he proposed the building of a circular penitentiary house. Bentham’s letters unfold against the backdrop of the French Revolution and show that his initial sympathy for France began to turn into hostility. Bentham’s life during the years in Volume 5 (1794-1797) was dominated by the panopticon, both as a prison and as an indigent workhouse. The letters in this volume document in great detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners.