The Law of Evidence in Victorian EnglandIn The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period. |
Contents
INTRODUCTION | 1 |
COMMON LAW DEVELOPMENTS | 40 |
Law reporters and judges | 54 |
INCOMPETENCY FROM DEFECT | 82 |
INCOMPETENCY FROM INFAMY | 95 |
THE INCOMPETENCY OF THE ACCUSED | 132 |
CONCLUSION | 181 |
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Common terms and phrases
3rd series accomplice accused persons admissible allowed argued arguments Attorney Bentham Bentham's critique Benthamite bill Brougham civil clause common law Commons Parliamentary Papers conviction counsel county court crime Criminal Law criminal trials cross-examination debate declarations defendant duty Edinburgh Review edn London England English Evelyn Ashley evidence law examination excluded exclusionary rules extending competency fact favour give evidence House of Commons House of Lords Ibid incompetent influence innocent interest Jeremy Bentham Journal and Reporter judges Judicial Evidence jury Law Magazine law of evidence law reform Law Review leading article legislation Lord Denman nineteenth century offence opinion Parl Parliament parties perjury Phillipps plaintiff principle prisoner procedure proceedings proposed prosecution punishment question Rationale of Judicial religion religious right to affirm right to silence second reading Sir John Sir John Trelawny Solicitors speech Starkie Stephen T. H. Green testimony thought tion Treatise truth William witness writer