基本説明
While much research has been devoted to the criminal jury in England to 1800, this book covers also the nineteenth century and the civil jury.
Full Description
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
"The dearest birthright of the people of England" - the civil jury in modern Scottish legal history, John W. Cairns; towards the jury in Medieval Wales, Dafydd Jenkins; petit larceny, jury lenity and parliament, Roger D. Groot; the jury in English manorial courts, Maureen Mulholland; jurors, evidences and the tempest of 1499, David J. Seipp; no link - the jury and the origins of the confrontation right and the Hearsay Rule, Richard D. Friedman; "a quest of thoughts" - representation and the moral agency in the early Anglo-American jury, J.R. Pole; jury research in the English reports in CD-ROM, James Oldham; the limits of discretion - forgery and the jury at the Old Bailey, 1818-21, Philip Handler; the strange life of the English civil jury, 1837-1914, Michael Lobban; the fate of the civil jury in late Victorian England - malicious prosecution as a test case, Joshua Getzler.
