Law of the Other : The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge

by Constable, Marianne

• ISBN13: 9780226114989
• ISBN10: 0226114988
• Format: Paperback
• Copyright: 1994-01-01
• Publisher: Univ of Chicago Pr

Summary

The Law of the Otheris an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth. The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.

Author Biography

Elizabeth A. Kaye specializes in communications as part of her coaching and consulting practice. She has edited Requirements for Certification since the 2000-01 edition.

Table of Contents

Acknowledgments

Introduction

The Early Mixed Jury

Customs and Communities

Early Mixed Juries

Positive Law and Personal Law

The Modern American Jury

A Representative Cross-Section of the Population

Jurors as Peers: Non-Random Identification and Selection

Reliability and the Modern Verdict

Sociological Society

Studies of Juries

The Law of the Officials

Improving the Jury Trial

Sociological Society

A Matter of History

The Origin of Positive Law

The Mark of Authority

The Writing of Rules

The Writing of Law

The Statutes of Edward III of 1353, 1354, and 1362

Interpreting the Language of the Law

Sherley's Case

The Jury de Medietate Linguae

The Introduction of "Linguae"

Sixteenth-Century Changes in Mixed Jury Composition

Language and Community

The Indifferent Jury

Impartiality and Suits among Aliens

Eighteenth- and Nineteenth-Century Juries

The Case of Manning and Manning

The Loss of Difference

The Abolition of the Mixed Jury

Conclusion

Notes

Index

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