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Vol 22 No 2 Feb/March 2017

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Spencer Bower: Reliance-Based Estoppel

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A History of the Criminal Law of England: 3 Volume Set

ISBN13: 9781108060752
Published: January 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback, 3 Volumes
Price: £103.00

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Sir James Fitzjames Stephen (1829-94) published this three-volume account of the English criminal law's historical development in 1883, four years after his appointment as a judge of the High Court. It is a revision and expansion of the second chapter in Stephen's 1863 General View (also reissued in this series). At first sight, it is ironic that the author of this classic of legal historical scholarship was himself a Benthamite who favoured and promoted the codification of the common law and worked on codes of criminal law and procedure for India and for England.

Volume 1 includes coverage of pre-Conquest English criminal law, a survey of courts exercising criminal jurisdiction, a historical account of the main elements of criminal procedure, and a history of criminal punishments. Volume 2 includes discussion of the limits of criminal jurisdiction, the history of criminal responsibility, and the different categories of criminal offence. Volume 3 includes coverage of Indian criminal law.

Criminal Law, Legal History
Volume 1: Preface
1. Statement of the subject of the work
2. Roman criminal law
3. Early English criminal law
4. The ordinary criminal courts
5. The criminal jurisdiction of Parliament and the court of the Lord High Steward
6. The criminal jurisdiction of the Privy Council
7. History of the law of criminal procedure
8. History of the law of criminal procedure (cont.)
9. History of the law of criminal procedure (cont.)
10. History of the law of criminal procedure (cont.)
11. History of criminal trials in England from 1554-1760
12. Description of modern criminal trials
13. History of legal punishments
14. Management of prosecutions
15. General of comparative view of English and French criminal procedure.

Volume 2: 16. Limits of criminal jurisdiction in regard to time, person, and place
17. Of crimes in general and of punishment
18. Criminal responsibility
19. Relation to madness to crime
20. Constituent elements of the substantive criminal law
21. Leading points in the history of the substantive criminal law
22. Of parties to the commission of crimes
23. Offences against the state
24. Seditious offences
25. Offences against religion.

Volume 3: 26. History of the law relating to murder and manslaughter
27. Offences against the person other than homicide
28. History of the law relating to theft and similar offences
29. Coinage offences
30. Offences relating to trade and labour
31. Miscellaneous offences
32. Police offences punishable on summary conviction
33. Indian criminal law
34. The codification of the criminal law
Cases cited
Statutes cited