A Preliminary Treatise on Evidence at the Common Law

Author: James Bradley Thayer
Publisher: Franklin Classics
ISBN: 9780342088911
Page: 672
View: 4292

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Author: James Bradley 1831-1902 Thayer
Publisher: Wentworth Press
ISBN: 9781372965111
Category: History
Page: 496
View: 6869

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A Catalogue of the Law Collection at New York University

With Selected Annotations
Author: Julius J. Marke
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363919
Category: Law
Page: 1372
View: 4657

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Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.

English Common Law in the Age of Mansfield

Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807864005
Category: Law
Page: 448
View: 4995

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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

The Dearest Birth Right of the People of England

The Jury in the History of the Common Law
Author: John Cairns,Grant Mcleod
Publisher: Bloomsbury Publishing
ISBN: 1847313264
Category: Law
Page: 272
View: 2791

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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

The Internationalisation of Criminal Evidence

Beyond the Common Law and Civil Law Traditions
Author: John D. Jackson,Sarah J. Summers
Publisher: Cambridge University Press
ISBN: 110701865X
Category: Law
Page: 405
View: 5262

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An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Poetic and Legal Fiction in the Aristotelian Tradition

Author: Kathy Eden
Publisher: Princeton University Press
ISBN: 1400858321
Category: Philosophy
Page: 210
View: 8439

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When Philip Sidney defends poetry by defending the methods used by poets and lawyers alike, he relies on the traditional association between fiction and legal procedure--an association that begins with Aristotle. In this study Kathy Eden offers a new understanding of this tradition, from its origins in Aristotle's Poetics and De Anima, through its development in the psychological and rhetorical theory of late antiquity and the Middle Ages, to its culmination in the literary theory of the Renaissance. Originally published in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir,Doron Teichman
Publisher: Oxford University Press
ISBN: 0199397953
Category: Business & Economics
Page: 496
View: 8305

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Discretion to Disobey

A Study of Lawful Departures from Legal Rules
Author: Mortimer R. Kadish,Sanford H. Kadish
Publisher: Quid Pro Books
ISBN: 1610279565
Category: Law
Page: 196
View: 6216

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Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.

Law's History

American Legal Thought and the Transatlantic Turn to History
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 0521761913
Category: History
Page: 564
View: 3201

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This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

Entextualizing Domestic Violence

Language Ideology and Violence Against Women in the Anglo-American Hearsay Principle
Author: Jennifer Andrus
Publisher: Oxford University Press
ISBN: 0190266414
Category: Language Arts & Disciplines
Page: 232
View: 790

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Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.

Reason Curve, Jury Competence, and the English Criminal Justice System

The Case for a 21st Century Approach
Author: Bethel Erastus-Obilo
Publisher: Universal-Publishers
ISBN: 1599429268
Category: Law
Page: 272
View: 7874

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Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience.' In light of human and civil rights movements, the book advances arguments that a cryptic verdict may offend the principle of fair trials in criminal justice. This is amplified by the presence of a developing and significant body of law that demands that decisions by public officers be accompanied by articulated pronouncements regarding the basis for their decision. While the book does not contend with the sanctity of jury deliberations and recognizes the difficulties associated with reason articulation by lay assessors, it argues that the jury continuum provides a fertile ground not only for articulating a verdict in light of human experiences, but also for generating the reason curve, which provides legitimacy for that verdict. Furthermore, the reason curve argues that it is entirely possible for the jury to articulate its reasons provided the Criminal Justice System makes provisions not just to expect an explained verdict from the jury, but also provides it with the necessary facilities needed for compliance. Exploring research and sources in the fields of law and psychology in Europe, the USA, and other jurisdictions around the world, this book is written for an international audience as a catalyst for the student of legal jurisprudence who has interests in the concepts of reason, accountability, transparency, and human rights in the criminal justice system. It is also written for the cognitive and behavioral psychologist with an interest in lay decision-making in criminal trials. In the large legal jurisdictions of the USA and Canada, the right to a jury trial is enshrined in state articles. As such, there is less tinkering with the institution. In England and Wales where Parliament is supreme and the constitution is unwritten, no such right exists. Consequently, the government enjoys tremendous leeway in tinkering with the 'right to jury trial.' Whether or not the institution can evolve to deliver a 21st Century approach is a matter for full debate, research, and the march of time.

A History of Continental Criminal Procedure

With Special Reference to France
Author: Adhémar Esmein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770422
Category: History
Page: 640
View: 414

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Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.

Criminal Evidence and Human Rights

Reimagining Common Law Procedural Traditions
Author: Paul Roberts,Jill Hunter
Publisher: Bloomsbury Publishing
ISBN: 1847319459
Category: Law
Page: 450
View: 3325

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Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

Practical Guide to Evidence

Author: Christopher Allen
Publisher: Routledge
ISBN: 113410538X
Category: Law
Page: 464
View: 3727

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Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. The fourth edition has been revised and updated to address the radical changes brought about by the Criminal Justice Act 2003, particularly in relation to hearsay, character evidence and opinion evidence and to expand coverage of the Human Rights Act 1998. Particular attention is given to changes made by the revised Codes of Practice, and to the growing body of case law on topics such as reverse burden of proof, the cross-examination of rape victims, evidence obtained by entrapment, and silence in the face of police questioning. Now including enhanced pedagogical support such as chapter summaries, further reading advice and boxed examples, this leading textbook can be used on both undergraduate and professional courses.

Practical Guide to Evidence

Author: Taylor & Francis Group
Publisher: Cavendish Publishing
ISBN: 1843143089
Category: Law
Page: 438
View: 3984

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The second edition of this widely acclaimed book maintains the author's original objective: to provide a clear and readable account of evidence law, which acknowledges the importance of arguments about facts and principles as well as rules. It is written

American Thought

A Critical Sketch
Author: Morris Raphael Cohen
Publisher: Transaction Publishers
ISBN: 1412817064
Category: Philosophy
Page: 448
View: 2628

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What constitutes American thought is obviously tooelusive to be encompassed by any one writer or groupof writers. Th e best that any attempt at intellectual historycan achieve is to indicate some of its traces in writtenrecords. This volume represents the eff orts of oneof America's leading philosophers to do just that. He isuniquely qualifi ed to do so, as his contemporary SidneyHook well understood. As Cohen noted, most of what people say and writeis dominated by linguistic forms or habits. Thus thedominance of the traditions and habits that make up theEnglish language has been the strongest single infl uence infashioning American thought as very largely a province ofBritish thought--despite the Declaration of Independenceand two wars. Cohen describes how American thoughtdeveloped from its British roots. It deals with refl ectivethought, i.e. with thought that is conscious of its problems,of its methods and of the widest general bearings of theresults obtained so far. Th e diverse subjects discussedrange from religious thinking to the scientifi c, and fromthe legal tradition to literary criticism. Among the important figures Cohen assesses areDewey, Santayana, Holmes, Brandeis, Whitehead, James,and Royce as well as those of men less well-known butsometimes equally infl uential. In its scope and insight,this book takes its own unique and important place inAmerican thought. Morris Raphael Cohen was a memberof the fabled department of philosophyat the City College of New York between1912 and 1938. He wrote numerous booksand articles including A Preface to Logic, ADreamer's Journey, Refl ections of a WonderingJew, and Law and Social Order. Felix S. Cohen, the son of the author,edited this volume. He was a lawyer andscholar known for his work in legal philosophy and Indian lawand policy. He worked in the solicitor's offi ce in the Departmentof the Interior under Franklin D. Roosevelt and is the authorof both The Handbook of Federal Indian Law and Readings inJurisprudence and Legal Philosophy.

Cross and Tapper on Evidence

Author: Colin Tapper
Publisher: Oxford University Press, USA
ISBN: 9780199292004
Category: Law
Page: 790
View: 5959

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Cross and Tapper on Evidence discusses the theory and practice of this field, and provides criticism and comment on the law, drawing on numerous recent cases to illustrate the workings of the law. It has been fully revised and rewritten to take into account the radical and controversial newCriminal Justice Act 2003. Major changes brought about by the new legislation, including those relating to the effect on acquittals, all the rules relating to character, and the hearsay rule in criminal cases, have been fully incorporated into the text.