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

by Macleod, Grant; Cairns, John W.

• ISBN13: 9781841133256
• ISBN10: 1841133256
• Format: Hardcover
• Copyright: 2002-08-12
• Publisher: Hart Publishing

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

Author Biography

John W Cairns: Professor of Legal History, University of Edinburgh Richard D Friedman: Ralph W Aigler Professor of Law, University of Michigan Joshua Getzler: Fellow of St. Hugh's College, Oxford Roger D Groot: Alumni Professor of Law, Washington and Lee University Philip Handler: Lecturer in Law, University of Leicester Dafydd Jenkins: Professor of Legal History and Welsh Law Emeritus, University of Wales Aberystwyth Michael Lobban: Reader in Law, Queen Mary, University of London Grant McLeod: Sometime Lecturer in Law, University of Edinburgh Maureen Mulholland: Lecturer in Law, University of Manchester James Oldham: St Thomas More Professor of Law and Legal History, Georgetown University J R Pole: Rhodes Professor of American History Emeritus, University of Oxford David J Seipp: Professor of Law, Boston University

Table of Contents

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