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 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 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.
Author(s): Scotland) British Legal History Conference 1999 (Edinburgh
Publisher: Hart Publishing (UK)
Year: 2002
Language: English
Commentary: 45065
Pages: 266
Half Title Page......Page 1
Title Page......Page 3
Title verso......Page 4
Preface......Page 5
Contents......Page 11
List of Contributors......Page 13
List of Abbreviations......Page 15
Acknowledgements......Page 17
Conference Papers not Included in the Present Volume......Page 19
The British Legal History Conference......Page 21
1. "The Dearest Birth Right of the People of England": The Civil Jury in Modern Scottish Legal History......Page 23
2. Towards the Jury in Medieval Wales......Page 39
3. Petit Larceny, Jury Lenity and Parliament......Page 69
4. The Jury in English Manorial Courts.......Page 85
5. Jurors, Evidences and the Tempest of 1499......Page 97
6. No Link: The Jury and the Origins of the Confrontation Right and the Hearsay Rule......Page 115
7. "A Quest of Thoughts": Representation and Moral Agency in the Early Anglo-American Jury......Page 123
8. Jury Research in the English Reports in CD-ROM......Page 153
9. The Limits of Discretion: Forgery and the Jury at the Old Bailey, 1818-21......Page 177
10. The Strange Life of the English Civil Jury, 1837-1914......Page 195
11. The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case......Page 239
Index......Page 261
