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
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