The dearest birth right of the people of England : the jury in the history of the common law / edited by John W. Cairns and Grant McLeod.

Format:

Book

Conference/Event

Contributor:

Cairns, John W., editor.

McLeod, Grant, editor.

Conference Name:

British Legal History Conference (14th : 1999 : Edinburgh, Scotland)

Language:

English

Subjects (All):

Jury--England--History--Congresses.

Jury.

Common law--Great Britain--History--Congresses.

Common law.

Physical Description:

1 online resource (xx, 243 pages)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2002.

Language Note:

English

Summary:

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

Contents:

1. "The Dearest Birth Right of the People of England": The Civil Jury in Modern Scottish Legal History

JOHN W CAIRNS (Edinburgh)

2. Towards the Jury in Medieval Wales

DAFYDD JENKINS (Aberystwyth)

3. Petit Larceny, Jury Lenity and Parliament

ROGER D GROOT (Lexington)

4. The Jury in English Manorial Courts.

MAUREEN MULHOLLAND (Manchester)

5. Jurors, Evidences and the Tempest of 1499

DAVID J SEIPP (Boston)

6. No Link: The Jury and the Origins of the Confrontation Right and the Hearsay Rule

RICHARD D FRIEDMAN (Ann Arbor)

7. "A Quest of Thoughts": Representation and Moral Agency in the Early Anglo-American Jury

J R POLE (Oxford)

8. Jury Research in the English Reports in CD-ROM

JAMES OLDHAM (Georgetown)

9. The Limits of Discretion: Forgery and the Jury at the Old Bailey, 1818-21

PHILIP HANDLER (Leicester)

10. The Strange Life of the English Civil Jury, 1837-1914

MICHAEL LOBBAN (London)

11. The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case

JOSHUA GETZLER (Oxford)

Notes:

"This book ... arose out the Fourteenth British Legal History Conference ... held in Edinburgh in July 1999"--Pref

Includes bibliographical references and index

ISBN:

1-4725-5924-X

1-281-04208-0

9786611042080

1-84731-326-4

OCLC:

476111371