The creation and abolition of the capital code and the invention of the penitentiary and the police suggest the importance of threats to political authority in deciding policy. Other studies emphasize the place of crime in popular culture, and quantitative work shows the importance of economic fluctuations, moral panics, war, and the new police in explaining the level of prosecutions. Most suggestive for further work is the upper-class assault on popular mores, poor men's property, and old economic orthodoxies. New legislation and new levels of enforcement, as well as less premeditated changes in English capitalism, created crime where none had existed and probably caused a crisis of legitimacy for the English criminal law. What emerged may have been not only a modern system of criminal law and enforcement, but a modern criminal. 152 references