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 |
THE INCOMPETENCY OF THE ACCUSED | 132 |
CONCLUSION | 181 |
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Common terms and phrases
3rd series accomplice according accused action admissible admitted affirm allowed Amendment appeared argued arguments believed Bentham Best bill Brougham called civil common law competency considered conviction counsel Court crime criminal debate decision defendant Denman duty effect England English entry established examination example exception excluded existing extend fact favour fear followed give evidence given House increase influence innocent interest introduced John Journal judges judicial jury justice law of evidence leading legislation London Lord March matter nature necessary nineteenth century oath objection observed offence opinion Parl particular parties passed period perjury persons practice present principle prisoner procedure proceedings profession proposed published Quakers question reading reason referred reform religion religious Reports result Review rule society speech Stephen suggested taking testimony thought tion Treatise trial truth witness writer