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Law and Justice in the 1950s: Introduction

Law and Justice in the 1950s
Introduction

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Notes

table of contents
  1. Cover
  2. Series
  3. Title
  4. Copyright
  5. Contents
  6. Notes on contributors
  7. Introduction
  8. 1. Shaking up the Savoy
  9. 2. The Great London Smog of 1952: its consequences and contemporary relevance
  10. 3. Direct line to Beeching and beyond? The failure of the 1950s railway modernisation plan
  11. 4. Professor Gower, complacent academics and legal education
  12. 5. A university in (or of) Wales? Vaisey’s folly and St David’s College, Lampeter
  13. 6. Radio, The Listener and The Times: lessons from the 1950s in the public understanding of law
  14. 7. Divorce law reform and feminism in the 1950s
  15. 8. Mrs Gladys Hutchinson, Lord Upjohn and the case of the bankrupt ‘spendthrift … ne’er-do-well and … waster’
  16. 9. The Wolfenden Report, homosexuality and women
  17. Index

Introduction

Rosemary Auchmuty and Fiona Cownie

The 1950s have a poor reputation in the legal history of England and Wales. They are remembered as a restrictive and conservative era, with little legal development and no real progress. In the 1950s Britain was still recovering from the Second World War – rationing did not end until 1954 – and social policy was to return the country to pre-war ‘normality’, which meant men in paid employment and women back in the home.1 Reforms expected from the Royal Commission on Marriage and Divorce2 and the Wolfenden Committee on Homosexual Offences and Prostitution3 did not materialise in that decade. In contrast to the 1960s, with its ‘sexual revolution’ (the pill, decriminalisation of homosexuality and abortion law reform) as well as, finally, divorce law reform, and the 1970s with the Women’s Liberation Movement, the 1950s seem tame, even regressive. Certainly that is how they appeared to those of us born in the 1950s, who as teenagers and young adults enjoyed the exciting times that followed.

Yet as legal historians we both knew there must be more to the 1950s than this. Hindsight casts the past in a new light, as we see it through the eyes of the present (whenever that is), but for people at the time it probably felt very different. The war had ended, the National Health Service and the welfare state had arrived, there was almost full employment; wages were rising and family allowances had been introduced.4 Perhaps women, repeatedly assured that they were ‘equal now’, actually felt more equal, or at least more appreciated and less exploited than previously. Life seemed to be getting better across the board: education, health, standards of living, access to new media like radio and television, exciting popular culture from the US and at home, the end of rationing and the introduction of new foods and cuisines.5

Many of these improvements and reforms were, of course, implemented through legislation, much of it well documented.6 But we were interested in discovering stories of 1950s life that had not already been recorded in the standard legal histories. So in 2022 we put out an open call for contributions to a one-day online conference on ‘The Neglected Decade: Legal Issues of the 1950s’. With no fixed idea of what we would get, we were delighted to be offered a wide range of papers.

The collection

This collection is drawn from that conference. It does not claim to be a comprehensive or even representative survey of the legal history of the decade. From the presentations at that conference we selected for this publication nine that presented a variety of topic, law and approach. They draw on a range of legal specialisms: legal education, company law, public law, family law, environmental law, criminal law and property law.

In terms of topic, we have a hotel takeover battle, London smog (truly emblematic of this decade) and railway modernisation plans leading up to the Beeching railway cuts (another powerful association). We have different aspects of legal education – radio programmes on law, the definition of a university, a modernising critique of the undergraduate curriculum by a famous scholar. And we have a novel approach in the discussions of what were effectively non-landmarks: the divorce law reform that never happened, the aspects of the Wolfenden Report that no one remembers, and a woman’s successful battle to keep her home, using law that was later changed to stop this happening again.

We did not prescribe a particular methodological approach, so contributors chose their own. Some selected a legal issue or event from the 1950s and, having examined it, brought developments up to the present, or compared the 1950s with the current legal situation. This is the most traditional approach, the tale of ‘then and now’ or ‘then to now’, focused mainly on legal change. Other chapters are socio-legal in character. Their authors locate their legal topic in the social history of the period, drawing on a range of historical as well as legal sources to fill out the picture of ‘how it was then’.

Themes

While some chapters are self-contained, dealing with the legal aspects of events and processes that have gone down in history – or not (Farran on the London smog, Jones on railways modernisation, Wheeler on the attempted takeover of the Savoy) – others reveal common themes in their concern with education, women and the home.

Education

It is appropriate in a book written by law teachers that three chapters (Cownie, Lee, Parry) deal with education. The Education Act 1944 re-organised secondary education in England and Wales, raising the leaving age to fifteen and creating a tripartite system of schools intended to suit different types of students. Though a Tory measure, it was implemented by the Labour Government’s first woman Education Minister, Ellen Wilkinson. It was especially significant for girls, whose education had always been seen as less important than boys’.7 The fact that secondary education was free enabled girls to stay on at grammar schools – indeed, the Act made it unlawful for parents to make their daughters leave school early – and thus to go to university, opening the professions to working-class girls for the first time. The Act also abolished the ‘marriage bar’ that had allowed education authorities to dismiss women teachers on marriage. Equal pay, however, though recommended and much discussed in the 1940s and 1950s, was not offered to teachers until 1961.

In contrast, the higher education sector remained tiny. It is hard for us to imagine today how few institutions of higher education existed and how few people went to university. With only one university created between the wars (Reading, 1926), post-war concerns about increasing social justice and widening educational opportunity contributed to pressures for expansion and, as the horrors of Nazi domestic policy became clear in 1945, arguments that ‘the universities had a duty to inoculate future political leaders against the dangers of unbridled scientism’ gathered support.8

During the war, British university scientists had made significant contributions to the war effort, and academics had also occupied senior positions in Whitehall. This meant that by the end of the war ‘The academic community commanded both respect and deference’.9 There was a positive attitude towards experts, and a belief that intellectual endeavour could overcome the problems of industry.10 A series of official reports published in the 1940s put pressure on the government to expand higher education. These included the Percy Report on Higher Technological Education, the Barlow Report on Scientific Manpower, the Goodenough Report on Medical Education, the Scarborough Report on Oriental, Slavonic, East European and African Studies, and the Clapham Report on Social and Economic Research.11 In consequence, five further former university colleges were upgraded to full university status before 1960: Nottingham (1948), Southampton (1952), Hull (1954), Exeter (1955) and Leicester (1957), bringing the total to twenty-two at the end of the decade. The 1960s saw a much greater expansion and the number of universities more than doubled.12

Likewise, the number of people entering university grew rapidly in the post-war years. After an inevitable drop during the war,13 by 1950 there were 64,000 full-time students, of whom almost half were studying arts or social sciences.14 This growth in numbers was fuelled by a number of factors. The government introduced the Further Education and Training Scheme to allow demobilised members of the armed forces to go to university, paying their fees and providing a grant for living expenses. Between 1945 and 1950, 83,000 awards were made, of which 43,000 were actually taken up at universities.15 Eighteen-year-olds who qualified for a university place could apply for a grant from their Local Education Authority (LEA). By 1950, LEAs were awarding 10,000 grants annually, but this overall figure disguises the fact that there were differing practices around the country, with some LEAs refusing to pay the maximum annual grant.16

Only a tiny fraction of awards made under the Further Education and Training Scheme were given to women. At the same time, formal and informal quotas operated in many institutions to restrict the number of women admitted to the university or to certain courses. Oxford, for example, did not remove its quota until 1957.17 There was also considerable employer resistance to the appointment of women in business and industry, so that the vast majority of the 5 per cent of female graduates in relevant fields were deflected into other occupations. The Civil Service was a career route chosen by many scientifically minded women, for whom equal pay was phased in between 1955 and 1961; other options were limited. Overall, women remained outnumbered in a ratio of three to one at English universities in the immediate post-war years.18

The post-war growth in student numbers experienced by the higher education sector as a whole was reflected in university law schools: Wilson, in the survey he undertook for the Society of Public Teachers of Law (SPTL) (now the Society of Legal Scholars), reported that in 1938 there were 1,515 full-time undergraduate law students in England and Wales, and a further 490 in Scotland; by 1953 there were 2,440 in England and Wales and a further 556 in Scotland.19 Law remained, however, a minority choice for undergraduates, strikingly so in comparison to its current popularity, and teaching was mostly delivered by practising lawyers rather than professional academics, taking a practical rather than critical approach to the subject. Aspiring solicitors and barristers did not have to have a university degree and many lawyers (and even judges) did not. Fewer than half of all solicitors had degrees in the 1950s,20 though three-quarters of barristers had, though by no means always in law, and usually from Oxford, Cambridge or London.21

This would perhaps explain why Wilson noted no comparable increase in postgraduate student numbers. In the same period, they rose from 100 in England and Wales and only one in Scotland, to 256 in England and Wales and a further 12 in Scotland.22 The increase in postgraduate numbers was concentrated in a small number of universities, and the students mainly came from overseas.23

Significantly, the SPTL survey of legal education did not mention anything about the position of women in law schools, either as students or as staff. There were very few female law students in the 1950s and the number of female law teachers could be counted on the fingers of one hand. The culture of law schools in the post-war years remained stubbornly masculine, reflected in the reluctance of the SPTL to extend membership to women (they could not join the Society until 1950).24 Even in the 1969–70 academic year, twenty-five years after the end of the War, women constituted only 9.5 per cent of all full-time legal academics in UK law schools, and ten out of the thirty-one law schools in the UK had no female members on the academic staff.25

Women and home

Two chapters (Auchmuty, Tribe) in this collection deal with women and the home, an almost inseparable conjunction of words in this decade. For women, the 1950s were a paradoxical era. Marriage and family were considered to be the primary goal and indeed raison d’être of every woman’s life, whatever else she did with it, though actually the UK marriage rate started declining in that decade and has been declining ever since.26 Yet women’s participation in paid employment, expected to drop after the war ended, did not in fact do so. An expanding economy required a larger workforce than English men alone could supply. Governments turned first to the former colonies, recruiting the ‘Windrush generation’ of West Indian men to work on the railways and women in the hospitals and schools from 1948 onwards.27 But still more workers were needed, and who better than married women who could be allocated part-time and low-status roles in jobs that did not compete directly with men? As long as women also carried out their designated duties as homemakers and carers, husbands could not really object to their wives undertaking paid work (though many did, fearing loss of status and control). In many families it was the wife’s income that paid, in an era of increasing consumerism, for the luxuries that were fast becoming necessities, like the washing machine or holidays, or even facilitated the purchase of the home itself. Through both ideological pressure (for example, in the advertisements for homes and consumer goods) and the practical reality (they did all the homemaking work), home was central to women’s lives in the 1950s.28

But home life was represented, in that decade, by extremes of comfort. The vision of the post-war homemaker presented in the literature and case law is irredeemably middle class and aspirational, and the chapters in this collection dealing with women’s property issues on divorce and desertion reflect that sector in society where property was owned. But unimaginable poverty remained: in 1951, a survey found, 6 per cent of homes had no running water, 15 per cent no toilet, and half no vacuum cleaner.29 Former Home Secretary Alan Johnson, born in 1950, grew up in a London slum with no electricity, no bathroom, no toilet, no heating, no blankets, not even a front door.30 Less deprived, but still unfortunate, were the many young couples forced to live with their parents or in-laws as they could not afford to rent, and others who could not marry at all because they had nowhere to live.

The post-war Labour government, faced with, among other problems, a severe housing shortage, set itself the goal of providing every family with a home. By the end of its time in office (1951), it had built a million homes, 89 per cent of which were provided to local authorities with government grants.31 From 1948, however, 20 per cent of the government’s housing budget was given to private developers to build homes for sale.32 Even so, there remained a significant shortage, especially given that with increased divorce rates homes were needed for two households where one had served before. Following the New Towns Act 1946, new towns such as Welwyn Garden City grew up with housing initially directed mainly at the rental market but increasingly, as demand for home ownership increased, for sale.

The focus shifted under the Tories, who were in power from 1951 onwards. They made cuts to funds for public housing, relaxed building regulations, and diverted budgets to slum clearance and the construction of homes for sale.33 In the New Towns, Corporations were required to provide 50 per cent rental properties and 50 per cent for owner-occupation.34 By the end of the 1950s the amount of building for public housing had been overtaken by that of private developments, mostly of freehold houses.35 At the same time, developers and even building societies were buying up rent-controlled blocks of flats and selling them on to tenants who could afford them.36 In the absence of anti-discrimination legislation, Black immigrants often found it impossible to rent accommodation so banded together to buy properties in less desirable (and therefore cheaper) districts – if they could find a white vendor to sell to them.37

Throughout the 1950s, then, home ownership was encouraged and advertising particularly targeted the women whose domain the home would be, with an emphasis on kitchens and ‘labour-saving’ devices.

The contradiction between the ideology of women’s place and the reality, that it was men who owned the property, reflected a wider contradiction between society and law that is also played out in the third chapter concerned with women, Derry’s exploration of the aspects of the Wolfenden Report dealing with women. Just as there were slums, as well as fought-over owner-occupied houses, so there were lesbians and prostitutes who did not conform to the ideal of married, domestic womanhood, and their existence is also revealing of the struggles of law (not to speak of the individuals themselves) to deal with contradictory aspects of society.

Doing legal history

For those who wish to pursue legal history in the 1950s, or indeed any period, there are two ways to proceed. The first, the one that comes most naturally to the legal scholar, is to note a legal development of interest – perhaps a case or statute, or an article you come across in a legal journal – and explore its background and context through wider reading not simply in legal sources but also in historical ones. Your research would include primary sources (those written at the time) but you must not forget the secondary histories, a common omission among many legal scholars who have little idea of the breadth of scholarship that exists outside their own area of law. These secondary sources (see the Literature Review section for suggestions) will give you an overview of what was going on and help you to set your topic in context. Researchers into a legal development that took place in the past must understand the features of the period in order to understand the legal context and avoid anachronism and misunderstanding.

A second approach is to start with those very secondary sources and see what emerges as of legal significance in them. Social historians may have written about the events and features covered by the chapters in our book but their accounts may take a different perspective or lack the knowledge of law and legal method our legally trained authors bring to the exercise. You may notice that the historian has not quite got the law right, or skates over an aspect you think is important. This means that the legal aspect may be new to social history as well as the social history aspect being new to legal history.

Literature review

There are several general social histories of 1950s Britain. The older books look back from a shorter perspective, so may highlight different things from those detailed in a contemporary study. Useful older surveys include John Montgomery, The Fifties (London: George Allen & Unwin, 1965); Christopher Booker, The Neophiliacs: A Study of the Revolution in English Life of the Fifties and Sixties (London: Collins, 1969); and Peter Lewis, The Fifties: Portrait of a Period (London: Heinemann, 1978). There are also many photographic surveys – for example, Nigel Perryman, Fifties Britain: Post-war Life (London: Frances Frith Collection, 2002) – and these are also useful: is there anything quite so evocative as the photographs of a given period? The definitive modern study is that of David Kynaston in Austerity Britain 1945–51, Family Britain 1951–57, and Modernity Britain 1957–62 (London: Bloomsbury, 2007–14), books that really tell it as it was, almost day by day, as riveting as any novel, and whose titles aptly summarise the dominant tone of each period.

It is worth noting, however, that women are often inadequately treated in the general histories: in a review of Peter Vansittart’s In the Fifties (London: John Murray, 1985), Elizabeth Young wrote that ‘his coupling of women with children in this brave new world is revealing.… [O]ne could assume from this book that women at the time were on a par with cats – attractive, silent, unsuited to public life.’38 Better to read Elizabeth Wilson, Only Halfway to Paradise: Women in Postwar Britain, 1945–68 (London: Tavistock, 1980) and Virginia Nicholson, Perfect Wives and Ideal Homes: The Story of Women in the 1950s (London: Viking, 2015) for the missing information about half the population.

Biographies and autobiographies of people who lived in the period are an excellent source not simply for the personnel in the story being researched but to give a picture of what it was like then. A good example is Jean Mann’s Women in Parliament (London: Odhams, 1962), basically the story of her own Parliamentary career and very revealing of the challenges that women MPs faced in an overtly sexist and discriminatory age. Lord Denning’s many volumes of critique and autobiography give a (naturally biased) view of the judiciary and courts of the time and legal developments in which he took part.39

Conclusion

Successive generations tend to reject the actions of their immediate predecessors, and then they are often forgotten, until historians resurrect and reinterpret them. But with legal history, that resurrection may never take place, since legal history is traditionally told as a tale of progress with each reform erasing the work that went into making it. Legal history also tends to prioritise what current lawmakers think is important over what might have mattered in the past and to judge the past unfavourably in contrast to the present. This collection aims to bring the neglected 1950s into legal history, at the same time demonstrating the different ways in which its legal developments (and indeed non-developments) might be revealed and examined. The editors hope that all these features make this collection truly fascinating as well as ground-breaking: a collection of different topics, using different law and different approaches, all presented by legal scholars who write out of interest in and love for their idiosyncratic research interests.

Notes

  1. 1. Dominic Sandbrook, Never Had It So Good: A History of Britain from Suez to the Beatles (London: Abacus, 2006), 47–8; Sheila Rowbotham, A Century of Women: The History of Women in Britain and the United States (London: Penguin Books, 1999) 292–3.

  2. 2. Discussed in Chapter 7. A few minor changes were incorporated into the Matrimonial Causes Act 1958 but nothing major on divorce itself.

  3. 3. Discussed in Chapter 9.

  4. 4. David Egerton, The Rise and Fall of the British Nation: A Twentieth-Century History (London: Penguin Books, 2019), chapter 9.

  5. 5. Sandbrook, Never Had It So Good, 144–6.

  6. 6. For example, Michael Barber, The Making of the 1944 Education Act (London: Cassell, 1994); John E. Pater, The Making of the National Health Service (London: King Edward’s Hospital Fund for England, 1981); Elizabeth Wilson, Women and the Welfare State (London: Tavistock, 1977).

  7. 7. Harriet Samuels, ‘Education Act 1944’, in Erika Rackley and Rosemary Auchmuty (eds) Women’s Legal Landmarks: Celebrating the History of Women and Law in the UK and Ireland (Oxford: Hart, 2019), 219–25.

  8. 8. Roy Lowe, Education in the Post-War Years: A Social History (London: Routledge, 1988), 57.

  9. 9. W.A.C. Stewart, Higher Education in Post War Britain (Basingstoke: Macmillan, 1989), 9.

  10. 10. Michael Sanderson, ‘Higher Education in the Post-War Years’, Contemporary Record 5, no. 3 (Winter 1991): 417.

  11. 11. Michael Shattock, Making Policy in British Higher Education 1945–2011 (Maidenhead: Open University Press, 2012), 12.

  12. 12. There are 165 universities and institutions of higher education in the UK at the time of writing.

  13. 13. Peter Hennessy, Having It So Good: Britain in the Fifties (London: Penguin Books, 2007), 77.

  14. 14. Lowe, n5, 61.

  15. 15. Lowe, 62.

  16. 16. Lowe, 61. It was the Education Act 1962 which made it compulsory for LEAs to give full-time students maintenance grants (the amount being means-tested).

  17. 17. www.history.ox.ac.uk/article/a-short-history-of-womens-education-at-the-university-of-oxford, accessed 13 April 2025.

  18. 18. Lowe, 64.

  19. 19. John F. Wilson, ‘A Survey of Legal Education in the United Kingdom’, Journal of the Society of Public Teachers of Law New Series IX, no. 1 (1966): 13.

  20. 20. Richard L. Abel, The Legal Profession in England and Wales (Oxford: Basil Blackwell, 1988), 143.

  21. 21. Abel, 47.

  22. 22. Wilson, n16, 21.

  23. 23. Wilson, 22.

  24. 24. Fiona Cownie and Raymond Cocks, ‘A Great and Noble Occupation!’: The History of The Society of Legal Scholars (Oxford: Hart, 2009), 161.

  25. 25. Fiona Cownie, ‘The United Kingdom’s First Woman Law Professor: An Archerian Analysis’, Journal of Law and Society 42, no. 1 (March 2015): 146.

  26. 26. Harry Benson, UK Marriage Statistics, https://www.2-in-2-1.co.uk/ukstats.html, accessed 10 April 2025.

  27. 27. Peter Fryer, Staying Power: The History of Black People in Britain (London: Pluto Press, 1984), chapter 11.

  28. 28. Alva Myrdal and Viola Klein, Women’s Two Roles: Home and Work (London: Routledge & Kegan Paul, 1956).

  29. 29. Brittain, Lady into Woman (London: Andrew Dakers, 1953), 171.

  30. 30. Alan Johnson, This Boy (London: Bantam Press, 2013).

  31. 31. Graham Crow, ‘The Post-War Development of the Modern Domestic Ideal’, in Graham Allan and Graham Crow (eds), Home and Family: Creating the Domestic Sphere (London: Macmillan, 1989), 17.

  32. 32. Martin Pawley, Home Ownership (London: Architectural Press, 1979), 82.

  33. 33. E.J. Cleary, The Building Society Movement (London: Elek Books, 1965), 244.

  34. 34. The New Towns of Britain (London: HMSO, 1972), 11–12.

  35. 35. John Montgomery, The Fifties (London: George Allen & Unwin, 1965), 53.

  36. 36. Pawley, n29, 85.

  37. 37. https://www.nationalarchives.gov.uk/education/resources/commonwealth-migration-since-1945/housing-for-migrants-1960s/, accessed 12 April 2025.

  38. 38. ‘Dullest Decade of all?’ Guardian, 25 April 1995.

  39. 39. For example, The Changing Law (London: Stevens, 1953); The Road to Justice (London: Stevens, 1955); The Family Story (London: Butterworths, 1981).

Selected bibliography

  • Abel, Richard L. The Legal Profession in England and Wales. Oxford: Basil Blackwell, 1988.
  • Barber, Michael. The Making of the 1944 Education Act. London: Cassell, 1994.
  • Benson, Harry. UK Marriage Statistics. https://www.2-in-2-1.co.uk/ukstats.html
  • Brittain, Vera. Lady into Woman. London: Andrew Dakers, 1953.
  • Cleary, E.J. The Building Society Movement. London: Elek Books, 1965.
  • Cownie, Fiona, and Raymond Cocks. ‘A Great and Noble Occupation!’: The History of The Society of Legal Scholars. Oxford: Hart, 2009.
  • Cownie, Fiona. ‘The United Kingdom’s First Woman Law Professor: An Archerian Analysis’. Journal of Law and Society 42, no. 1 (March 2015) 127–49.
  • Crow, Graham. ‘The Post-War Development of the Modern Domestic Ideal’. In Home and Family: Creating the Domestic Sphere, edited by Graham Allan and Graham Crow. London: Macmillan, 1989.
  • Denning, Alfred Thompson, Baron. The Changing Law. London: Stevens, 1953.
  • Denning, Alfred Thompson, Baron. The Road to Justice. London: Stevens, 1955.
  • Denning, Alfred Thompson, Baron. The Family Story. London, Butterworths, 1981.
  • Egerton, David. The Rise and Fall of the British Nation: A Twentieth-Century History. London: Penguin Books, 2019.
  • Fryer, Peter. Staying Power: The History of Black People in Britain. London: Pluto Press, 1984.
  • Hennessy, Peter. Having It So Good: Britain in the Fifties. London: Penguin Books, 2007.
  • HMSO. The New Towns of Britain. London: HMSO, 1972.
  • Johnson, Alan. This Boy. London: Bantam Press, 2013.
  • Lowe, Roy. Education in the Post-War Years: A Social History. London: Routledge, 1988.
  • Montgomery, John. The Fifties. London: George Allen & Unwin, 1965.
  • Myrdal, Alva and Viola Klein. Women’s Two Roles: Home and Work. London: Routledge & Kegan Paul, 1956.
  • Pater, John E. The Making of the National Health Service. London: King Edward’s Hospital Fund for England, 1981.
  • Pawley, Martin. Home Ownership. London: Architectural Press, 1979.
  • Samuels, Harriet. ‘Education Act 1944’. In Women’s Legal Landmarks: Celebrating the History of Women and Law in the UK and Ireland, edited by Erika Rackley and Rosemary Auchmuty. Oxford: Hart, 2019.
  • Sandbrook, Dominic. Never Had It So Good: A History of Britain from Suez to the Beatles. London: Abacus, 2006.
  • Shattock, Michael. Making Policy in British Higher Education 1945–2011. Maidenhead: Open University Press, 2012.
  • Stewart, W.A.C. Higher Education in Post War Britain. Basingstoke: Macmillan, 1989.
  • Wilson, Elizabeth. Women and the Welfare State. London: Tavistock, 1977.
  • Wilson, John F. ‘A Survey of Legal Education in the United Kingdom’. Journal of the Society of Public Teachers of Law New Series IX, no. 1 (June 1966): 1–144.

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