the origins of adversary criminal trial oxford studies in modern legal history

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The Origins Of Adversary Criminal Trial

Author : John H. Langbein
ISBN : 9780199258888
Genre : Law
File Size : 90. 31 MB
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The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.

The Origins Of Reasonable Doubt

Author : James Q. Whitman
ISBN : 0300116004
Genre : History
File Size : 25. 33 MB
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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Criminal Evidence

Author : Paul Roberts
ISBN : 9780199231645
Genre : Law
File Size : 70. 32 MB
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Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.

A History Of Water Rights At Common Law

Author : Joshua Getzler
ISBN : 0198265816
Genre : Law
File Size : 54. 98 MB
Format : PDF, Kindle
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This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.

Evidence Law Adrift

Author : Mirjan R. Damaška
ISBN : 0300069375
Genre : Law
File Size : 65. 97 MB
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Examines how legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted and presented to the courts. The text considers the significance of the divided tribunal, the concentrated character of trials and the role of the parties in adjudication.

Plausible Crime Stories

Author : Orna Alyagon Darr
ISBN : 9781108497237
Genre : History
File Size : 49. 43 MB
Format : PDF
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This first study of the legal history of sex offences in Mandate Palestine pioneers a new socio-cultural perspective on evidence.

Women Property And The Letters Of The Law In Early Modern England

Author : Margaret W. Ferguson
ISBN : 0802087574
Genre : History
File Size : 71. 59 MB
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Women, Property, and the Letters of the Law in Early Modern England turns to these points of departure for the study of women's legal status and property relationships in the early modern period.

Marks Of An Absolute Witch

Author : Dr Orna Alyagon Darr
ISBN : 9781409482437
Genre : Religion
File Size : 55. 5 MB
Format : PDF
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This work explores the social foundation of evidence law in a specific historical social and cultural context - the debate concerning the proof of the crime of witchcraft in early modern England. In this period the question of how to prove the crime of witchcraft was the centre of a public debate and even those who strongly believed in the reality of witchcraft had considerable concerns regarding its proof. In a typical witchcraft crime there were no eyewitnesses, and since torture was not a standard measure in English criminal trials, confessions could not be easily obtained. The scarcity of evidence left the fact-finders with a pressing dilemma. On the one hand, using the standard evidentiary methods might have jeopardized any chance of prosecuting and convicting extremely dangerous criminals. On the other hand, lowering the evidentiary standards might have led to the conviction of innocent people. Based on the analysis of 157 primary sources, the book presents a picture of a diverse society whose members tried to influence evidentiary techniques to achieve their distinct goals and to bolster their social standing. In so doing this book further uncovers the interplay between the struggle with the evidentiary dilemma and social characteristics (such as class, position along the centre/periphery axis and the professional affiliation) of the participants in the debate. In particular, attention is focused on the professions of law, clergy and medicine. This book finds clear affinity between the professional affiliation and the evidentiary positions of the participants in the debate, demonstrating how the diverse social players and groups employed evidentiary strategies as a resource, to mobilize their interests. The witchcraft debate took place within the formative era of modern evidence law, and the book highlights the mutual influences between the witch trials and major legal developments.

Private Property And Abuse Of Rights In Victorian England

Author : Michael Taggart
ISBN : 019925687X
Genre : Law
File Size : 60. 74 MB
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The leading case of The Mayor, Alderman and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way. During the industrial revolution, the town of Bradford, and with it the demand for water for industrial and domestic purposes, grew rapidly. The first part of the book explores, through an analysis of correspondence, records, and newspaper reports, the development of the Bradford water supply and the genesis of the dispute that ultimately flared into litigation at the end of the nineteenth century. Several aspects of the case are of enduring doctrinal importance 100 years on. The controversial and potent common lawprinciple of interpreting statutes so as to protect property rights wherever possible is examined in depth, as is the legal uncertainty of subterranean water rights in the nineteenth century. Finally the book attempts to explain the common lawyers' refusal to recognize a Continental-style doctrine of abuse of rights and the courts' failure to develop a prima face tort doctrine to curb maliciously inspired behaviour.

Bills Of Rights And Decolonization

Author : Charles Parkinson
ISBN : 9780199231935
Genre : History
File Size : 58. 20 MB
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This book analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. It explores the political dimensions of securing the protection of human rights at the point of gaining independence, and the peaceful transfer of power through constitutional means.

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