The Dearest Birth Right of the People of England: The Jury in the History of the Common Law

The Dearest Birth Right of the People of England: The Jury in the History of the Common Law

The Dearest Birth Right of the People of England: The Jury in the History of the Common Law

The Dearest Birth Right of the People of England: The Jury in the History of the Common Law

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Overview

While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800,there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research.

Contributors:

John W Cairns
Richard D Friedman
Joshua Getzler
Roger D Groot
Philip Handler
Daffydd Jenkins
Michael Lobban
Grant McLeod
Maureen Mulholland
James C Oldham
J R Pole
David J Seipp


Product Details

ISBN-13: 9781841133256
Publisher: Bloomsbury Academic
Publication date: 08/12/2002
Pages: 272
Product dimensions: 6.14(w) x 9.21(h) x 0.62(d)

About the Author

John W. Cairns is Professor of Legal History at the University of Edinburgh.
Grant McLeod is a former Lecturer in Law at the University of Edinburgh.

Table of Contents

List of Contributorsxiii
List of Abbreviationsxv
Acknowledgementsxvii
Conference Papers not Included in the Present Volumexix
The British Legal History Conferencexxi
1."The Dearest Birth Right of the People of England": The Civil Jury in Modern Scottish Legal History1
2.Towards the Jury in Medieval Wales17
3.Petit Larceny, Jury Lenity and Parliament47
4.The Jury in English Manorial Courts63
5.Jurors, Evidences and the Tempest of 149975
6.No Link: The Jury and the Origins of the Confrontation Right and the Hearsay Rule93
7."A Quest of Thoughts": Representation and Moral Agency in the Early Anglo-American Jury101
8.Jury Research in the English Reports in CD-ROM131
9.The Limits of Discretion: Forgery and the Jury at the Old Bailey, 1818-21155
10.The Strange Life of the English Civil Jury, 1837-1914173
11.The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case217
Index239
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