By Barbara J. Shapiro
Dedicated to the historical past and improvement of 2 basic ideas of Anglo-American legislations, this examine records the measure to which those key felony doctrines have advanced through the years, and the level to which they replicate a migration of evidentiary ideas.
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England, overdue 1547. Henry VIII is lifeless. His 14-year-old daughter Elizabeth resides with the outdated king's widow Catherine Parr and her new husband Thomas Seymour. bold, captivating and unsafe, Seymour starts off an overt flirtation with Elizabeth that results in her being despatched away via Catherine.
When Catherine dies in autumn 1548 and Seymour is arrested for treason quickly after, the scandal explodes into the open. by myself and in dreadful risk, Elizabeth is heavily puzzled via the king's regency council: was once she nonetheless a virgin? used to be there a baby? Had she promised to marry Seymour? In her replies, she exhibits the shrewdness and spirit she may later be recognized for. She survives the scandal. Thomas Seymour isn't so lucky.
The Seymour Scandal ended in the production of the Virgin Queen. On listening to of Seymour's beheading, Elizabeth saw 'This day died a guy of a lot wit, and extremely little judgement'. His destiny remained together with her. She might by no means let her middle to rule her head back.
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Henry V is considered the good English hero. Lionised in his personal lifetime for his victory at Agincourt, his piety and his rigorous program of justice, he was once increased by way of Shakespeare right into a champion of English nationalism. yet does he quite need to be considered 'the maximum guy who ever governed England'?
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Additional info for Beyond Reasonable Doubt and Probable Cause: Historical Perspectives on the Anglo-American Law of Evidence
Norma Landau read the manuscript with great care and made many helpful suggestions. My greatest debt is to Martin Shapiro who has read, edited, commented on, and suffered with the manuscript in all its forms. This book would never have been completed without his assistance and support. Page xi Preface Given the long and rich tradition of legal and historical scholarship, there has been surprisingly little work devoted to the history of the Anglo-American law of evidence. Although much recent scholarship in English legal history has focused on various aspects of the criminal justice system, relatively little attention has centered on the evidentiary aspects of that system.
But many concepts of the casuistical tradition, as represented by the works of William Perkins, Jeremy Taylor, Samuel Pufendorf, and others, were trans- Page 15 posed to what became moral philosophy in the late seventeenth and eighteenth centuries. English casuistry of the sixteenth and seventeenth centuries rejected the doctrine of "casuistical probabilism" associated with the Jesuits, a doctrine that required only a single authority to justify a course of conduct. It also rejected purely emotional or intuitive moral outcomes.
What they said they did and ought to do was an important aspect of how the English and American people made and came to terms with their laweven apart from the possible light that what was said may shed on what was done. And there is some reason to believe that the saying did have some impact on the doing. So this book proceeds largely at the level of doctrine, not in the narrow sense of the legally authoritative, but in the broader sense of what was written about how the law was and should be.
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