The Privilege against Self-Incrimination
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The Privilege against Self-Incrimination: Its Origins and Development

The Privilege against Self-Incrimination: Its Origins and Development


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About the Book

This is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences. The book seeks to uncover what the privilege meant in practice, and traces its history from its origins in the medieval period to its first appearance in English common law; and from its translation to the American colonies to its development into an effective protection for criminal defendants in the 19th century. The authors aim to show that the modern privilege, "the right to remain silent", is far from being a basic civil liberty. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This study seeks to provide a revision of our understanding of an important aspect of both criminal and constitutional law.

Table of Contents:
Preface Abbreviations 1: Introduction R. H. Helmholz 2: The Privilege and the Ius Commune: The Middle Ages to the Seventeenth Century R. H. Helmholz 3: Self-Incrimination in Interjurisdictional Law: The Sixteenth and Seventeenth Centuries Charles M. Gray 4: The Privilege and Common Law Criminal Procedure: The Sixteenth to the Eighteenth Centuries John H. Langbein 5: The Privilege in British North America: The Colonial Period to the Fifth Amendment Eben Moglen 6: The Modern Privilege: Its Nineteenth-Century Origins Henry E. Smith 7: A Peculiar Privilege in Historical Perspective Albert W. Alschuler Notes Table of Statutes Index

About the Author :
Sir Matthew Hale (1609-1676), lawyer and jurist, retired as lord chief justice of England. Charles M. Gray is professor emeritus of history at the University of Chicago, the author or coauthor of several books, and a former coeditor of the Journal of Modern History. John H. Langbein is the Sterling Professor of Law and Legal History at Yale University. He is the editor or author of several books, including, most recently, The Origins of Adversary Criminal Trial.


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Product Details
  • ISBN-13: 9780226326603
  • Publisher: The University of Chicago Press
  • Publisher Imprint: University of Chicago Press
  • Height: 23 mm
  • No of Pages: 320
  • Returnable: Y
  • Spine Width: 3 mm
  • Weight: 567 gr
  • ISBN-10: 0226326608
  • Publisher Date: 08 Jun 1997
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Returnable: Y
  • Sub Title: Its Origins and Development
  • Width: 16 mm


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