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

The Dearest Birth Right of the People of England

The Jury in the History of the Common Law

By: Grant Macleod (Editor, Editor)

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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

This volume of eleven essays is an indispensable addition to the growing collection of work on the history of the jury. Spanning a thousand years of jury development, the book's chapters offer an array of new insights and discoveries by leading scholars of jury history. Nancy J. King Canadian Journal of Law and Society February 2004

List of Contributorsp. xiii
List of Abbreviationsp. xv
Acknowledgementsp. xvii
Conference Papers not Included in the Present Volumep. xix
The British Legal History Conferencep. xxi
"The Dearest Birth Right of the People of England": The Civil Jury in Modern Scottish Legal Historyp. 1
Towards the Jury in Medieval Walesp. 17
Petit Larceny, Jury Lenity and Parliamentp. 47
The Jury in English Manorial Courtsp. 63
Jurors, Evidences and the Tempest of 1499p. 75
No Link: The Jury and the Origins of the Confrontation Right and the Hearsay Rulep. 93
"A Quest of Thoughts": Representation and Moral Agency in the Early Anglo-American Juryp. 101
Jury Research in the English Reports in CD-ROMp. 131
The Limits of Discretion: Forgery and the Jury at the Old Bailey, 1818-21p. 155
The Strange Life of the English Civil Jury, 1837-1914p. 173
The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Casep. 217
Indexp. 239
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841133256
ISBN-10: 1841133256
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 272
Published: 12th August 2002
Country of Publication: GB
Dimensions (cm): 24.13 x 16.51  x 1.91
Weight (kg): 0.54
Edition Number: 1