The Dearest Birth Right of the People of England: The Jury in the History of the Common LawJohn Cairns, Grant Mcleod 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
1 | |
17 | |
3 Petit Larceny Jury Lenity and Parliament | 47 |
4 The Jury in English Manorial Courts | 63 |
5 Jurors Evidences and the Tempest of 1499 | 75 |
The Jury and the Origins of the Confrontation Right and the Hearsay Rule | 93 |
Representation and Moral Agency in the Early AngloAmerican Jury | 101 |
8 Jury Research in the English Reports in CDROM | 131 |
Forgery and the Jury at the Old Bailey 181821 | 155 |
10 The Strange Life of the English Civil Jury 18371914 | 173 |
Malicious Prosecution as a Test Case | 217 |
Index | 239 |
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Common terms and phrases
accused action appear assizes Bank Bank of England Bench bill Book Chancery Chief Justice civil jury civil trials common jury common law compurgation Court of Session criminal trials Curia Regis decide defendant Edinburgh England English evidence Eyre fact forged notes forgery galanas grand jury hearsay Ibid issue judges jurors jury of merchants jury trial jury's King's larceny lawbooks lawyers Legal History libel litigation Llyfr London Lord LTMW Maitland malicious prosecution manorial courts manuscripts matter medieval Middlesex modern nineteenth century oath offence Old Bailey Oxford Parliament parties plaintiff political procedure question reason reform role rule sarhaed Scotland Scots law Seventh Amendment Solicitor's Journal special jury statute summoned superior courts supra supra n testify theft tion Tort translating lor trial by jury trial jury twelvepence University of Wales University Press verdict Wales Welsh law witnesses writ YB Hil