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Vol 22 No 7 July/August 2017

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

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Edited by: John W Cairns, Grant McLeod

ISBN13: 9781841133256
ISBN: 1841133256
Published: August 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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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.

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Legal History
""The dearest birthright of the people of England"" - the civil jury in modern Scottish legal history, John W. Cairns; towards the jury in Medieval Wales, Dafydd Jenkins; petit larceny, jury lenity and parliament, Roger D. Groot; the jury in English manorial courts, Maureen Mulholland; jurors, evidences and the tempest of 1499, David J. Seipp; no link - the jury and the origins of the confrontation right and the Hearsay Rule, Richard D. Friedman; ""a quest of thoughts"" - representation and the moral agency in the early Anglo-American jury, J.R. Pole; jury research in the English reports in CD-ROM, James Oldham; the limits of discretion - forgery and the jury at the Old Bailey, 1818-21, Philip Handler; the strange life of the English civil jury, 1837-1914, Michael Lobban; the fate of the civil jury in late Victorian England - malicious prosecution as a test case, Joshua Getzler.