Twelve Good Men and True
Penulis
: J. S. Cockburn, Thomas A. Green
Subyek
: criminal law, law
Penerbit
: Princeton University Press
Ringkasan :This collection of essays on the English criminal trial jury originated
in a panel held at the 1983 conference of the American Society for Legal
History. On that occasion the editors and one of the contributors,
John Beattie, addressed, inter alia, two closely related questions: Who
were the jurors? and, How did the institution of the jury trial function?
The second question commanded the greater interest—of both
the panel and the audience—but it became clear that in order to answer
that question fully, one had to know the answer to the first question.
Given the demands of such an undertaking, and possible variations
in local experience, it seemed appropriate to commission from interested
scholars a range of essays on jury composition and its implications
for the nature of the criminal trial and the administration of the
criminal law. The history of crime, the criminal law, and more
broadly, the administration of criminal justice had already attracted
the attention of English historians of all periods from the Middle Ages
to modern times, and many of these scholars had, each for his own
time and locale, mastered the kinds of records that can be made to reveal
the status, wealth, residence, and degree of literacy (if any) of
those called upon to serve as jurors in the criminal courts. It appeared
likely that a sustained focus on these records would not only shed
light on the changing contours of composition but would also illuminate
some critical turning points in the administration of the criminal
law. This has indeed turned out to be true.
Each of the essays collected here stands on its own. Together they
form a kind of continuous history, although there are inevitable gaps,
questions posed but left unanswered, and, at times, conflicting
streams of emphasis or interpretation. A brief summary of their contents will aid selective readers who wish to know what is relevant to
them as well as readers who are prepared to examine all the trees but
who wonder in what forest they are wandering. The essays fall into
three main periods: the medieval, the early modern, and the late seventeenth
and eighteenth centuries. Individually, they may be epitomized
as follows.
Daftar copy :
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