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Advocacy and the Making of the Adversarial Criminal Trial 1800-1865

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ISBN13: 9780198262848
ISBN: 0198262841
Published: July 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £83.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The modern adversarial criminal trial emerged from the punitive and procedural upheaval in the criminal law of the first half of the nineteenth century. The campaign against capital punishment, which marked the century's early decades, stimulated procedural reform, including the enactment in 1836 of the Prisoners' Counsel Act. The 1836 Act enabled defence counsel for the first time to address the jury in felony trials. It generated a unique debate in Parliament, the press and the legal professions on the merits and dangers of advocacy.

This book examines the debate and the practical implications of procedural reform for the conduct of criminal trials. The topics discussed include the increasing sophistication of prosecution and defence advocacy, the beginnings of modern professional ethics and the conscious rationalisation of adversary procedure as the best means to discover the truth.;This is the first scholarly work to analyse the practice of advocacy and to identify its significance for the administration of justice. It includes case studies of four major criminal trials which demonstrate the interrelationships between advocacy and procedure in the making of the adversarial criminal trial.

This is the first title of a new series, Oxford Studies in Modern Legal History, which, under the general editorship of Professor Brian Simpson, will publish outstanding monographs on legal history covering the period 1750 onwards.

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Subjects:
Legal History
Contents:
1. The context of upheaval
2. The early nineteenth century trial
3. The logic of reform
4. Full defence by counsel
5. The complexities of defence inequality
6. The limits of adversarialism
7. The adversarial criminal trial
APPENDICES
The Prisoners Counsel Act 1836
Conviction rates 1805-40
The defence speech in R v Courvoisier

Series: Oxford Studies in Modern Legal History

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A History of Water Rights at Common Law ISBN 9780199207602
Published June 2006
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£34.99
A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780198260769
Published December 2005
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£100.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199287239
Published September 2005
Oxford University Press
£33.99
The Origins of Adversary Criminal Trial (eBook)
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780191024498
Published September 2005
Oxford University Press
£28.32 + £5.66 VAT
(ePub)
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A History of Water Rights at Common Law
Joshua GetzlerFellow in Law, St Hugh's College, Oxford and Lecturer, University of Oxford
ISBN 9780198265818
Published March 2005
Oxford University Press
£83.00
Frederick Pollock and the English Juristic Tradition ISBN 9780199270224
Published October 2004
Oxford University Press
£95.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199258888
Published June 2003
Oxford University Press
£51.00
Private Property and Abuse of Rights in Victorian England ISBN 9780199256877
Published May 2003
Oxford University Press
£78.00