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Engines of Truth
During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider’s examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the “greatest legal engine ever invented for the discovery of truth.”
Engines of Truth
During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider's examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the greatest legal engine ever invented for the discovery of truth. This title was made Open Access by libraries from around the world through Knowledge Unlatched.
In Search of Criminal Responsibility
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century...
Criminal Law and the Modernist Novel
The realist novel and the modern criminal trial both came to fruition in the nineteenth century. Each places a premium on the author's or trial lawyer's ability to reconstruct reality, reflecting modernity's preoccupation with firsthand experience as the basis of epistemological authority. But by the early twentieth century experience had, as Walter Benjamin put it, 'fallen in value'. The modernist novel and the criminal trial of the period began taking cues from a kind of nonexperience – one that nullifies identity, subverts repetition and supplants presence with absence. Rex Ferguson examines how such nonexperience colours the overlapping relationship between law and literary modernism. Chapters on E. M. Forster's A Passage to India, Ford Madox Ford's The Good Soldier and Marcel Proust's In Search of Lost Time detail the development of a uniquely modern subjectivity, offering new critical insight to scholars and students of twentieth-century literature, cultural studies, and the history of law and philosophy.
Oscar Wilde on Trial
The most authoritative account of a pivotal event in legal and cultural history: the trials of Oscar Wilde on charges of "gross indecency" Among the most infamous prosecutions of a literary figure in history, the two trials of Oscar Wilde for committing acts of "gross indecency" occurred at the height of his fame. After being found guilty, Wilde spent two years in prison, emerged bankrupt, and died in a cheap hotel room in Paris a few years after his release. The trials prompted a new intolerance toward homosexuality: habits of male bonding that were previously seen as innocent were now viewed as a threat, and an association grew in the public mind between gay men and the arts. Oscar Wilde on Trial assembles accounts from a variety of sources, including official and private letters, newspaper accounts, and previously published (but very incomplete) transcripts, to provide the most accurate and authoritative account to date of events that were pivotal in both legal and cultural history.
Annual Report - National Endowment for the Humanities
Includes appendices.
Values, Objectivity, and Explanation in Historiography
Bringing sophisticated philosophy to bear on real-life historiography, Values, Objectivity, and Explanation in Historiography rekindles and invigorates the debate on two perennials in the theory and methodology of history. One is the tension between historians' values and the ideal—or illusion—of objective historiography. The other is historical explanation. The point of departure for the treatment of values and objectivity is an exceptionally heated debate on Cold War historiography in Denmark, involving not only historians but also the political parties, the national newspapers, and the courts. The in-depth analysis that follows concludes that historians can produce accounts that deser...
Modern Histories of Crime and Punishment
This is a collection of essays critically examining the historical development of the modern criminal law.
In Defence of Principles
Since 9/11 and the onset of the "war on terror," the principal challenge confronting liberal democracies has been to balance freedom with security and individual with collective rights. This book sheds new light on the evolution of human rights norms in liberal democracies by charting the activism of four Canadian NGOs on issues of refugee rights, hate speech, and the death penalty, including their use of difficult, often controversial legal cases as platforms to assert human rights principles and shape judicial policy-making. The struggles of these NGOs reveal not only the fragility but also the resilience of ideas about rights in liberal democracies.
