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

Grant McLeod (Editor), John W. Cairns (Editor)

Research output: Book/ReportAnthology

Abstract

This study examines the criminal and civil jury in England in the 19th century. It also provides a reassessment 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, this reassessment of the jury in 19th-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The text provides 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.
Original languageEnglish
Place of PublicationOxford
PublisherHart
Number of pages272
ISBN (Print)1841133256, 9781841133256
Publication statusPublished - 2002

Keywords

  • jury England crime

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