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

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John Cairns, Grant Mcleod
Hart Publishing, Aug 12, 2002 - Law - 243 pages

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

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Contents

Towards the Jury in Medieval Wales
17
Petit Larceny Jury Lenity and Parliament
47
The Jury in English Manorial Courts
63
The Jury and the Origins of the Confrontation
93
Jury Research in the English Reports in CDROM
131
Forgery and the Jury at
155
The Strange Life of the English Civil Jury 18371914
173
Index
239
Copyright

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About the author (2002)

John W. Cairns is Professor of Legal History at the University of Edinburgh.
Grant McLeod is a former Lecturer in Law at the University of Edinburgh.

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