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The Dearest Birth Right of the People of England

The Jury in the History of the Common Law

Editor(s): John Cairns, Grant Mcleod
Media of The Dearest Birth Right of the People of England
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Published: 12-08-2002
Format: PDF eBook (?)
Edition: 1st
Extent: 272
ISBN: 9781847313263
Imprint: Hart Publishing
RRP: £85.50
Online price : £68.40
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Loren Epson

About The Dearest Birth Right of the People of England

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.


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

Table Of Contents

1. “The Dearest Birth Right of the People of England”: The Civil Jury in Modern Scottish Legal History
JOHN W CAIRNS (Edinburgh)

2. Towards the Jury in Medieval Wales
DAFYDD JENKINS (Aberystwyth)

3. Petit Larceny, Jury Lenity and Parliament
ROGER D GROOT (Lexington)

4. The Jury in English Manorial Courts.

5. Jurors, Evidences and the Tempest of 1499

6. No Link: The Jury and the Origins of the Confrontation Right and the Hearsay Rule

7. “A Quest of Thoughts”: Representation and Moral Agency in the Early Anglo-American Jury
J R POLE (Oxford)

8. Jury Research in the English Reports in CD-ROM
JAMES OLDHAM (Georgetown)

9. The Limits of Discretion: Forgery and the Jury at the Old Bailey, 1818–21

10. The Strange Life of the English Civil Jury, 1837-1914

11. The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case


“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. King, Canadian Journal of Law and Society

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