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The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History)
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Review
"...an extraordinarily interesting book, based on deep research and advanced in a remarkably cogent fashion."-- TLS"The Origins of Adversary Criminal Trial is a most valuable study. Langbein has done hard historical spade work, going through scores of dusty forgotten papers to help trace the development. It is exciting to read about the development of hearsay rules, of the right to counsel, and of other rights of defendants. But Langbein's book is also valuable for its relevance to how we interpret and use the law even today. It adds to our understanding of the life of the law."--The Federal Lawyer"...an extraordinarily interesting book, based on deep research and advanced in a remarkably cogent fashion."-- TLS"The Origins of Adversary Criminal Trial is a most valuable study. Langbein has done hard historical spade work, going through scores of dusty forgotten papers to help trace the development. It is exciting to read about the development of hearsay rules, of the right to counsel, and of other rights of defendants. But Langbein's book is also valuable for its relevance to how we interpret and use the law even today. It adds to our understanding of the life of the law."--The Federal Lawyer"...persuasive and meticulously researched, delivering messages as powerful as they are timely."--Law and History Review
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About the Author
John Langbein is Sterling Professor of Law and Legal History at Yale Law School. He teaches and writes in four fields: trust and estate law, pension and employee benefit law, Anglo-American and European legal history, and modern comparative law.
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Product details
Series: Oxford Studies in Modern Legal History
Hardcover: 376 pages
Publisher: Oxford University Press; 1 edition (March 27, 2003)
Language: English
ISBN-10: 0199258880
ISBN-13: 978-0199258888
Product Dimensions:
9.4 x 1.2 x 6.3 inches
Shipping Weight: 1.5 pounds (View shipping rates and policies)
Average Customer Review:
4.1 out of 5 stars
5 customer reviews
Amazon Best Sellers Rank:
#898,933 in Books (See Top 100 in Books)
Oliver Wendell Holmes, Jr. noted the importance of considering history and experience when understanding the law. In The Common Law (1881), Mr. Holmes noted "The life of the law has not been logic; it has been experience." And, in a Supreme Court decision (New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921)), Justice Holmes stated "Upon this point a page of history is worth a volume of logic." Professor Langbein's book provides a good illustration of how an examination of legal history can provide important factual context to better understand some of the strengths and weaknesses of the adversary system of criminal justice. Although the book is not for casual reading, it is written in a style that can be understandable for a conscientious reader who is not a lawyer or professional historian. Anyone interested in better understanding of the origins of American criminal trials should consider reading this book.
This a really terrific explanation of the history of our modern adversarial system and would be particularly useful to trial lawyers who work within the adversarial criminal system. (It's one thing to know that one CAN object to hearsay...but haven't you ever wondered how that particular rule evolved?)
It's a great book about the history of adversary criminal trial. It's very well written. Good book for those who are interested origins and causes of the criminal trial.
Whole chapters of this book are frankly boring. Moreover, the cost is somewhat high.On the other hand, those sections dealing with Old Bailey procedure I found invaluable.
Langbein's work is revolutionary in its use of the Old Bailey Sessions papers as a tool for scholarly research. For all who are interested in criminal trials in the Britain in the 18th Century, this work is absolutely fundamental.
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