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Women, Men, and Empires of Law

Review products

“The Dearest Birth Right of the People of England”: The Jury in the History of the Common Law. Edited by CairnsJohn W. and McLeodGrant. Oxford and Portland, Ore.: Hart Publishing, 2002. Pp.xxi+243. $80.00 (cloth).

The Bar and the Old Bailey, 1750–1850. By MayAllyson N.. Chapel Hill and London: University of North Carolina Press, 2003. Pp. xii+361. $49.95 (cloth).

Crime, Gender and Social Order in Early Modern England. By WalkerGarthine. Cambridge: Cambridge University Press, 2003. Pp. xvi+310. $60.00 (cloth).

Published online by Cambridge University Press:  21 December 2012

Douglas Hay
Affiliation:
York University, Toronto

Abstract

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Type
Review Essays
Copyright
Copyright © North American Conference of British Studies 2005

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References

1 Cairns and McLeod's book comprises selections from the papers at the Fourteenth British Legal History Conference, Edinburgh, July 1999.

2 Published by Juristat, and available now in an online version as well as on CD-ROM.

3 Cairns, David J. A., Advocacy and the Making of the Adversarial Criminal Trial, 1800–1865 (Oxford, 1998), pp. 2936Google Scholar. See Langbein, John, The Origins of Adversary Criminal Trial (Oxford, 2003)Google Scholar, for his summation of the value of Old Bailey reports and advocacy there.

4 Lemmings, David, Professors of the Law: Barristers and English Legal Culture in the Eighteenth Century (Oxford, 2000), pp. 205–25CrossRefGoogle Scholar.

5 Walker does not consider whether the higher rate of acquittals might be in part explained by the fact that juries sometimes acquitted because they knew that these mitigating defenses were not available to women.

6 Kermode, Jenny and Walker, Garthine, eds., Women, Crime and the Courts in Early Modern England (London, 1994)Google Scholar.

7 In this case, the seventeenth Annual Law and History Conference, organized by the Australian and New Zealand Law and History Society, with the assistance of the Canadian Law and Society Association, in July 1998.

8 A sustained version of this argument, focused on the law of employment, is Hay, Douglas and Craven, Paul, eds., Masters, Servants, and Magistrates in Britain and the Empire, 1562–1955 (Chapel Hill, N.C., 2004)Google Scholar.

9 Mackenzie, John M., The Empire of Nature: Hunting, Conservation and British Imperialism (Manchester, 1988)Google Scholar.

10 Karsten, Peter, Head versus Heart: Judge-Made Law in Nineteenth-Century America (Chapel Hill, N.C., 1997)Google Scholar.

11 For an overview of custom and law in England, see Hay, D. and Rogers, N., Eighteenth-Century English Society: Shuttles and Swords (Oxford, 1996), chap. 6 and suggested readingGoogle Scholar.

12 Hay and Craven, Masters, Servants, and Magistrates, chap. 3.

13 Glenn, H. Patrick, Legal Traditions of the World (Oxford, 2000)Google Scholar.

14 For example, Hooker, M. B., Legal Pluralism: An Introduction to Colonial and Neo-Colonial Laws (Oxford, 1975)Google Scholar.