John H. Langbein's Books

The Origins of Adversary Criminal Trial

By: John H. Langbein

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The Origins of Adversary Criminal Trial

By: John H. Langbein

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.

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378

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0199258880

ISBN 13

9780199258888

History of the Common Law

The Development of Anglo-American Legal Institutions

By: John H. Langbein,Renee Lettow Lerner,Bruce P. Smith

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History of the Common Law

The Development of Anglo-American Legal Institutions

By: John H. Langbein,Renee Lettow Lerner,Bruce P. Smith

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States.

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Page Count

1310

Publisher

Aspen Publishing

Published Date

ISBN 10

0735596042

ISBN 13

9780735596047

The Accidental Republic

Crippled Workingmen, Destitute Widows, and the Remaking of American Law

By: John Fabian Witt

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The Accidental Republic

Crippled Workingmen, Destitute Widows, and the Remaking of American Law

By: John Fabian Witt

In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.

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Page Count

322

Publisher

Harvard University Press

Published Date

ISBN 10

0674045270

ISBN 13

9780674045279

A History of Criminal Justice in England and Wales

By: John Hostettler

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A History of Criminal Justice in England and Wales

By: John Hostettler

An introduction to the rich history of criminal justice charting all its main developments from the dooms of Anglo-Saxon times to the rise of the Common Law, struggles for political, legislative and judicial ascendency and the formation of the innovative Criminal Justice System of today." "The book looks at the Rule of Law, the development of the criminal courts and the people who work in them, police forces, the jury, judges, magistrates, crime and punishment. It deals with all the iconic events of criminal justice history and reform to show how criminal justice evolved." --Book Jacket.

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Page Count

355

Publisher

Waterside Press

Published Date

ISBN 10

1904380514

ISBN 13

9781904380511

The Criminal Jury Old and New

Jury Power from Early Times to the Present Day

By: John Hostettler

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The Criminal Jury Old and New

Jury Power from Early Times to the Present Day

By: John Hostettler

This book is an account of the evolution of the jury and jury trial from early times to the present day including changes brought in by the Criminal Justice Act 2003 that widen the categories of people undertaking jury service." "The Criminal Jury Old and New traces the genesis of the historic system of 'trial by peers' from its roots as a replacement for trial by ordeal through all its great legal and political landmarks. It shows how the jury changed and developed across the centuries to become a key democratic institution capable of resisting monarchs, governments, pressure and interference - and, on occasion, the plain words of the law. It also looks at such intriguing concepts as 'jury nullification', 'perverse verdicts' and 'pious perjury'."--BOOK JACKET.

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Page Count

170

Publisher

Waterside Press

Published Date

ISBN 10

1904380115

ISBN 13

9781904380115

Torture and the Law of Proof

Europe and England in the Ancien Régime

By: John H. Langbein

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Torture and the Law of Proof

Europe and England in the Ancien Régime

By: John H. Langbein

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.

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Page Count

246

Publisher

University of Chicago Press

Published Date

ISBN 10

0226922618

ISBN 13

9780226922614

Prosecuting Crime in the Renaissance

England, Germany, France

By: John H. Langbein

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Prosecuting Crime in the Renaissance

England, Germany, France

By: John H. Langbein

Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).

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Page Count

336

Publisher

The Lawbook Exchange, Ltd.

Published Date

ISBN 10

1584775777

ISBN 13

9781584775775

Uniform Trust and Estate Statutes

By: John H. Langbein,Sterling Professor of Law and Legal History John H Langbein,Lawrence W. Waggoner

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Uniform Trust and Estate Statutes

By: John H. Langbein,Sterling Professor of Law and Legal History John H Langbein,Lawrence W. Waggoner

Designed to be used with any casebook or textbook, this statutory collection provides law students with a single-volume source containing all the uniform acts needed in a trusts and estates course (as well as the United Kingdom family provision legislation, included for comparative purposes). The 2008-2009 Edition contains the full statutory texts of the principal Uniform Acts pertaining to trusts and estates, including the Uniform Probate Code, the Uniform Trust Code, and the various special-purpose acts. The book supplies full texts of the three recently-promulgated acts: the Revised Uniform Anatomical Gift Act, the Uniform Power of Attorney Act, and the Uniform Prudent Management of Institutional Funds Act. As in past editions, the 2008-2009 Edition reproduces the official comments for the substantive articles (II and VI) of the Uniform Probate Code; for the Uniform Trust Code; and for most of the other Uniform Acts.

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Page Count

814

Publisher

Foundation Press

Published Date

ISBN 10

1599415046

ISBN 13

9781599415048

Pension and Employee Benefit Statutes, Regulations, Selected Sections, 2008 Ed.

By: Bruce A. Wolk,Sterling Professor of Law and Legal History John H Langbein

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Pension and Employee Benefit Statutes, Regulations, Selected Sections, 2008 Ed.

By: Bruce A. Wolk,Sterling Professor of Law and Legal History John H Langbein

Statutory casebook supplement to complement Langbein & Wolk's Pension and Employee Benefit Law, 3d or any other pension law casebook. It features selected statutes for a more complete discussion of the subject. This statutory pamphlet is compatible with all leading casebooks on pension law. It includes sections from the Internal Revenue Code, Employee Retirement Income Security Act, Age Discrimination Act, Amereicans with Disabilities Act, ADEA Regulations and ERISA Regulations.

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Page Count

628

Publisher

Foundation Press

Published Date

ISBN 10

1599414406

ISBN 13

9781599414409

Environmental Systems

An Introductory Text

By: I. D. White,D. N. Mottershead,Steven John Harrison

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Environmental Systems

An Introductory Text

By: I. D. White,D. N. Mottershead,Steven John Harrison

Based on the authors' combined teaching and research experience over many years, this is an integrated and unified account of systems on all scales from planetary to molecular.

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682

Publisher

Psychology Press

Published Date

ISBN 10

0748740813

ISBN 13

9780748740819

The Origins of Adversary Criminal Trial

By: John H. Langbein

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The Origins of Adversary Criminal Trial

By: John H. Langbein

The adversary system of trial, the defining feature of the Anglo-American legal procedure, developed late in English legal history. For centuries defendants were forbidden to have legal counsel, and lawyers seldom appeared for the prosecution either. Trial was meant to be an occasion for the defendant to answer the charges in person. The transformation from lawyer-free to lawyer-dominated criminal trial happened within the space of about a century, from the 1690's to the 1780's. This book explains how the lawyers captured the trial. In addition to conventional legal sources, Professor Langbein draws upon a rich vein of contemporary pamphlet accounts about trials in London's Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (including reward-seeking thieftakers and crown witnesses induced to testify in order to save their own necks) the judges of the 1730's decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. Professor Langbein shows how counsel manipulated the dynamics of adversary procedure to defeat the judges design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and instead became an occasion for defense counsel to test the prosecution case.

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Page Count

378

Publisher

OUP Oxford

Published Date

ISBN 10

019102449X

ISBN 13

9780191024498

Book's by John H. Langbein

The Origins of Adversary Criminal Trial

The Origins of Adversary Criminal Trial

History of the Common Law

History of the Common Law

The Accidental Republic

The Accidental Republic

A History of Criminal Justice in England and Wales

A History of Criminal Justice in England and Wales

The Criminal Jury Old and New

The Criminal Jury Old and New

Torture and the Law of Proof

Torture and the Law of Proof

Prosecuting Crime in the Renaissance

Prosecuting Crime in the Renaissance

Uniform Trust and Estate Statutes

Uniform Trust and Estate Statutes

Pension and Employee Benefit Statutes, Regulations, Selected Sections, 2008 Ed.

Pension and Employee Benefit Statutes, Regulations, Selected Sections, 2008 Ed.

Environmental Systems

Environmental Systems

The Origins of Adversary Criminal Trial

The Origins of Adversary Criminal Trial

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