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

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John Cairns Grant Mcleod

The Dearest Birth Right of the People of England

The Jury in the History of the Common Law

John Cairns, Grant Mcleod

$260

Hardback

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English

Hart Publishing
12 August 2002

British & Irish history; Modern history to 20th century: c 1700 to c 1900; History of ideas; Jurisprudence & philosophy of law; Advocacy

While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800,there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment 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, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes 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.

Contributors:

John W Cairns Richard D Friedman Joshua Getzler Roger D Groot Philip Handler Daffydd Jenkins Michael Lobban Grant McLeod Maureen Mulholland James C Oldham J R Pole David J Seipp

Edited by: John Cairns, Grant Mcleod
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 21mm
Weight: 535g
ISBN: 9781841133256
ISBN 10: 1841133256
Pages: 272
Publication Date: 12 August 2002
Audience: College/higher education , Professional and scholarly , Professional & Vocational , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

John W. Cairns is Professor of Legal History at the University of Edinburgh. Grant McLeod is a former Lecturer in Law at the University of Edinburgh.

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

This volume of eleven essays is an indispensable addition to the growing collection of work on the history of the jury. Spanning a thousand years of jury development, the book's chapters offer an array of new insights and discoveries by leading scholars of jury history.Nancy J. KingCanadian Journal of Law and SocietyFebruary 2004