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The Privilege Against Self Incrimination

ISBN13: 9780226326603
ISBN: 0226326608
Published: July 1999
Publisher: The University of Chicago Press
Country of Publication: USA
Format: Paperback (Hardback in 1997)
Price: £39.00

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This is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences.

The book seeks to uncover what the privilege meant in practice, and traces its history from its origins in the medieval period to its first appearance in English common law; and from its translation to the American colonies to its development into an effective protection for criminal defendants in the 19th century.

The authors aim to show that the modern privilege, ""the right to remain silent"", is far from being a basic civil liberty.;The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This study seeks to provide a revision of our understanding of an important aspect of both criminal and constitutional law.

Legal History
1: Introduction R. H. Helmholz
2: The Privilege and the Ius Commune: The Middle Ages to the Seventeenth Century R. H. Helmholz
3: Self-Incrimination in Interjurisdictional Law: The Sixteenth and Seventeenth Centuries Charles M. Gray
4: The Privilege and Common Law Criminal Procedure: The Sixteenth to the Eighteenth Centuries John H. Langbein
5: The Privilege in British North America: The Colonial Period to the Fifth Amendment Eben Moglen
6: The Modern Privilege: Its Nineteenth-Century Origins Henry E. Smith
7: A Peculiar Privilege in Historical Perspective Albert W. Alschuler
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