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A History of the Criminal Law of England (3 Volume Set)

A History of the Criminal Law of England (3 Volume Set)

Author: James Fitzjames Stephen
Publisher: Cambridge University Press
ISBN: 9781108060752
Published In: February 2014
Format: Paperback (3 volumes) , 1714 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Sir James Fitzjames Stephen (1829–94) published this three-volume account of the English criminal law's historical development in 1883, four years after his appointment as a judge of the High Court. It is a revision and expansion of the second chapter in Stephen's 1863 General View (also reissued in this series). At first sight, it is ironic that the author of this classic of legal historical scholarship was himself a Benthamite who favoured and promoted the codification of the common law and worked on codes of criminal law and procedure for India and for England. Volume 1 includes coverage of pre-Conquest English criminal law, a survey of courts exercising criminal jurisdiction, a historical account of the main elements of criminal procedure, and a history of criminal punishments. Volume 2 includes discussion of the limits of criminal jurisdiction, the history of criminal responsibility, and the different categories of criminal offence. Volume 3 includes coverage of Indian criminal law.

Volume 1: Preface; 1. Statement of the subject of the work; 2. Roman criminal law; 3. Early English criminal law; 4. The ordinary criminal courts; 5. The criminal jurisdiction of Parliament and the court of the Lord High Steward; 6. The criminal jurisdiction of the Privy Council; 7. History of the law of criminal procedure; 8. History of the law of criminal procedure (cont.); 9. History of the law of criminal procedure (cont.); 10. History of the law of criminal procedure (cont.); 11. History of criminal trials in England from 1554–1760; 12. Description of modern criminal trials; 13. History of legal punishments; 14. Management of prosecutions; 15. General of comparative view of English and French criminal procedure. Volume 2: 16. Limits of criminal jurisdiction in regard to time, person, and place; 17. Of crimes in general and of punishment; 18. Criminal responsibility; 19. Relation to madness to crime; 20. Constituent elements of the substantive criminal law; 21. Leading points in the history of the substantive criminal law; 22. Of parties to the commission of crimes; 23. Offences against the state; 24. Seditious offences; 25. Offences against religion. Volume 3: 26. History of the law relating to murder and manslaughter; 27. Offences against the person other than homicide; 28. History of the law relating to theft and similar offences; 29. Coinage offences; 30. Offences relating to trade and labour; 31. Miscellaneous offences; 32. Police offences punishable on summary conviction; 33. Indian criminal law; 34. The codification of the criminal law; Trials; Cases cited; Statutes cited; Index.