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  • Cited by 4
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    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    LeJacq, Seth Stein 2015. Buggery's travels: Royal Navy sodomy on ship and shore in the long eighteenth century. Journal for Maritime Research, Vol. 17, Issue. 2, p. 103.

    Handler, Phil 2011. The Court for Crown Cases Reserved, 1848–1908. Law and History Review, Vol. 29, Issue. 01, p. 259.

    May, Allyson N. 2011. The Bench, the Bar, and Crown Cases Reserved. Law and History Review, Vol. 29, Issue. 01, p. 289.

    McGowen, Randall 2011. Forgery and the Twelve Judges in Eighteenth-Century England. Law and History Review, Vol. 29, Issue. 01, p. 221.


Informal Lawmaking in England by the Twelve Judges in the Late Eighteenth and Early Nineteenth Centuries


In 1848, Parliament created the Court for Crown Cases Reserved, in which all of the common law judges heard and decided questions reserved by trial judges in criminal cases. As Sir John Baker explains, this was “a court of record, which would now sit in public and give reasons for its decisions,” even though “the reservation of cases was still at the discretion of the trial judge and the court did not have the powers of the court en banc in civil cases.”

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Donna Andrew and Randall McGowen , The Perreaus & Mrs. Rudd (Berkeley: University of California Press, 2001)

J.H. Langbein , “Shaping the Eighteenth-Century Criminal Trial: A View from the Ryder Sources,” University of Chicago Law Review 50 (1983) 1, 96–103

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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