"Those who are not familiar with the man would be well advised to read this biography without delay." - Law Society Gazette ** "This work is of more than historical interest. It shows how the advocate can affect the law, and by doing so, the constitution." - Counsel ** "Thomas Erskine was one of the bar's greatest names. Few however know this extraordinary story." - Litigation ** "With eloquent invective Erskine mesmerized juries." - Justice of the Peace **** This is the biography of Thomas Erskine, the First Baron Erskine, 1750-1823. He was a Member of Parliament for Portsmouth. As King's Counsel, Erskine's defense of Thomas Paine's Rights of Man cost him the post of Attorney-General, though he was later appointed Lord Chancellor. Erskine continued to take part in celebrated trials, such as the prosecution of Queen Caroline for adultery. Thomas Erskine and Trial by Jury is an ideal companion to Sir William Garrow: His Life, Times and Fight for Justice, also by John Hostettler.

Thomas Erskine And Trial by Jury

Biographies & Memoirs

Hostettler, John

Professionals & Academics

Barry Rose Law Pub Ltd

A collection of some of the most famous cases in English law - with an explantion of how they changed things - by two leading commentators. Every UK lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the Ã«golden thread of English lawÃ whereby the burden of proof lies with the prosecutor in a criminal trial, even in the case of murder. But who was Ã«WoolmingtonÃ and how many people know that he escaped the death penalty at the eleventh hour, or that he was twice tried for murder? Ã«Lords give man back his lifeÃ as the Western Gazette put it. Likewise, in the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would ultimately determine Ã± at the highest level - that Ã«the categories of negligence are never closedÃ? And how did the tranquil market town of Wednesbury come to be legal shorthand for Ã«unreasonablenessÃ. In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the background to a selection of leading cases in English law. From the Mareva case (synonymous with a type of injunction) to Lord DenningÃs classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of every law student, general reader or seasoned practitioner interested in how English law evolves.

Famous Cases: Nine Trials that Changed the Law

History

Block, Brian P

Europe

Waterside Press

The definitive account of the long road to abolition in the UK by two highly respected commentators - a classic of the genre.

Hanging in the Balance: A History of the Abolition of Capital Punishment in Britain

BLOCK

Legal History

Voting in Britain shows how the flame for liberty has sometimes flickered almost unseen and at other times has flared into violence. More than that, it shows the steady movement towards the current franchise.

Voting in Britain

Politics & Social Sciences

Block, Brian

Politics & Government

Adversary trial emerged in England in the 18th century. Its origins and significance had tended to go unrecognized by judges, lawyers, jurists, and researchers until relatively modern times. Even now, there is considerable dispute as to how and why adversary trial came into existence, and little connection has been made with the fact that its existence contributed to the genesis of a the modern doctrine of human rights, whereby citizens are able to make a stand against the power of the state or vested interest. Fighting for Justice focuses on the birth and meaning of adversary trial, including the key role of Sir William Garrow. The book assesses how deep-rooted is the notion of opposing parties in the common law and the English psyche generally, and that of countries such as the US that have followed the same pattern whereby legal representatives champion the cause of individuals. The book touches on moves through restorative justice around the world, to alter adversarial systems in favor of a less conflict based approach. Because justice and the rule of law are frequently nowadays under attack, Fighting for Justice will be a valuable aid to understanding the contributions that have been made to the overall development of criminal justice and common law systems.

Fighting for Justice: The History and Origins of Adversary Trial

Hostettler

This brand new work charts all the main developments of criminal justice in England, from the genesis of Anglo-Saxon 'dooms' to the Common Law; struggles for political, legislative, and judicial ascendency; and the formation of the modern-day Criminal Justice System and Ministry of Justice. Amongst a wealth of topics, the book looks at the Rule of Law, the development of the criminal courts, police forces, the jury, justices of the peace, and individual crimes and punishments. It locates all the iconic events of legal history and law and order within a wider background and context in a way that emphasizes the subject's wealth and depth. Contents include: Origins of Criminal Justice in Anglo-Saxon England â€¢ Saxon Dooms â€” Our Early Laws â€¢ The Norman Influence and The Angevin Legacy â€¢ Criminal Law in Medieval and Early Modern England â€¢ The Common Law in Danger â€¢ The Commonwealth â€¢ The Whig Supremacy and Adversary Trial â€¢ The Jury in the Eighteenth Century â€¢ Punishment and Prisons â€¢ Nineteenth Century Crime and Policing â€¢ Victorian Images â€¢ A Century of Criminal Law Reform â€¢ Criminal Incapacity â€¢ A Revolution in Procedure â€¢ Early Twentieth Century â€¢ Improvement after World War II â€¢ Twenty-First Century Regression? â€¢ The Advent of Restorative Justice â€¢ Conclusion â€¢ Select Bibliography

A History of Criminal Justice in England and Wales

Sir William Garrow was born in Middlesex, England in 1760. He was called to the legal profession in 1783. He became the dominant figure at Old Bailey - London's Central Criminal Court - from 1783 to 1793. Later on, he was a Member of Parliament, a Solicitor-General, an Attorney-General, and, finally, a judge and a lawmaker within the English Common Law Tradition. With this book, as well as the BBC TV drama series Garrow's Law, many will be made aware of Sir William Garrow and his 'gifts to the world,' as the originator of: the modern-day presumption of innocence, the right to universal legal representation and access to justice in a criminal court, expert cross examination, and early traces of human rights (among other things). Sir William Garrow: His Life, Times and Fight for Justice will be invaluable to anyone wishing to understand the development of the criminal trial and wanting to learn about legal history in the making.

Sir William Garrow: His Life, Times and Fight for Justice

Braby, Richard

Historical

Waterside Pr

Thomas Erskine and Trial by Jury

In 18th-century continental Europe, penal law and what passed for justice were barbaric: gallows were a regular feature of the landscape, branding and mutilation were common, and there existed the ghastly spectacle of people being broken on the wheel. To make matters worse, offenders were often tortured or put to death for quite minor crimes and often without any semblance of a proper trial. Like a bombshell, a book entitled On Crimes and Punishments exploded onto the scene in 1764 with shattering effect. Its author was a young man from a privileged background, named Cesare Beccaria (1738-1794). A central message of that now classic work was that such punishments belonged to 'a war of nations against their citizens' and should be abolished. It was a cri de coeur for thorough reform of the law affecting penal law and punishments, and it swept across the continent of Europe like wildfire, being adopted by one ruler after another. It even crossed the Atlantic to the new United States, into the hands of President Thomas Jefferson. Civilized penal law remains a highly topical issue, and this book examines where it all began, with the influence of Cesare Beccaria.

Cesare Beccaria: The Genius of 'on Crimes and Punishments'

Champions of the Rule of Law looks at an overarching principle of English law. It describes how a powerful and fundamental rule came about and how it has been preserved in the face of attempts to circumvent it. Standing at the heart of all matters of justice - and now exported to many parts of the world - the rule of law holds, in short, that the law applies in equal measure to everyone. Of parallel importance, power can only be exercised under the law, so that no matter how high, mighty, or privileged someone may be, respect for this aspect of the rule lies at the very core of liberal democracy. Events in both modern times and across legal history readily demonstrate the sometimes precarious nature of the rule and the need for 'champions' who are prepared to uphold and defend it. While the need for such a rule may seem obvious on any balanced view of how justice should be dispensed, the central importance of the rule is by no means intuitive to some people. This means that there is always a need to re-iterate the purpose of the rule, the arguments behind it, and to understand the mechanisms which safeguard and protect it. Whenever the rule of law does fall under threat, whether due to arrogance, claims to special treatment, misguided understandings, dubious explanations, or lack of due process, there is a need for people of the calibre of those described in this book to step forward. Quite apart from the book's interest for lawyers, historians, and students, it will appeal to anyone seeking full reassurance that justice is truly blind, fair, even-handed, and accessible to all.

Champions of the Rule of Law

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