
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.
This work investigates the historical transformation of the English criminal trial from a judge-dominated process to the lawyer-dominated adversary system prevalent in Anglo-American jurisdictions. John H. Langbein, a legal historian, utilizes primary source records from the 18th century to document the procedural shifts that occurred during this period. He argues that the emergence of the adversary system was not a planned reform but a consequence of the increasing participation of defense counsel in criminal proceedings.
What You Will Find
Scope Limits
Legal scholars and historians recognize this text as a foundational analysis of the origins of the adversary system. Readers frequently note the academic rigor and the clarity with which Langbein reconstructs the procedural history of the English courtroom.
Page Count:
354
Publication Date:
2005-01-01
Publisher:
Oxford University Press
ISBN-10:
0191718130
ISBN-13:
9780191718137
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