A History of the Criminal Law of England

James Fitzjames Stephen

doi:10.1017/CBO9781139794565

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 contains a short preliminary account of Roman criminal law and pre-Conquest English criminal law; a survey of courts exercising criminal jurisdiction; a historical account of the development of the main elements of criminal procedure; a history of criminal punishments; and a general comparative view of the differences between English and French criminal procedure.

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Contents

Frontmatter
pp i-iv
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PREFACE
pp v-xii
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Contents
pp xiii-xvi
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ERRATA AND CORRIGENDA
pp xvii-xviii
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CHAPTER I - STATEMENT OF THE SUBJECT OF THE WORK
pp 1-8
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CHAPTER II - ROMAN CRIMINAL LAW
pp 9-50
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CHAPTER III - EARLY ENGLISH CRIMINAL LAW
pp 51-74
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CHAPTER IV - THE ORDINARY CRIMINAL COURTS—QUEEN'S BENCH DIVISION OF THE HIGH COURT, THE COURTS OF ASSIZE, THE COURTS OF QUARTER SESSIONS, COURTS OF SUMMARY JURISDICTION, FRANCHISE COURTS, WELSH COURTS
pp 75-144
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CHAPTER V - THE CRIMINAL JURISDICTION OF PARLIAMENT AND THE COURT OF THE LORD HIGH STEWARD
pp 145-165
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CHAPTER VI - THE CRIMINAL JURISDICTION OF THE PRIVY COUNCIL
pp 166-183
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CHAPTER VII - HISTORY OF THE LAW OF CRIMINAL PROCEDURE.—PROCEDURE DOWN TO COMMITTAL FOR TRIAL OR BAIL
pp 184-243
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CHAPTER VIII - HISTORY OF THE LAW OF CRIMINAL PROCEDURE CONTINUED.—FORMS OF ACCUSATION AND TRIAL—APPEALS—ORDEALS—TRIAL BY JURY
pp 244-272
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CHAPTER IX - HISTORY OF THE LAW OF CRIMINAL PROCEDURE CONTINUED.—LEGAL INCIDENTS OF A CRIMINAL TRIAL—INDICTMENT AND INFORMATION—ARRAIGNMENT, TRIAL, AND VERDICT
pp 273-307
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CHAPTER X - HISTORY OF THE LAW OF CRIMINAL PROCEDURE CONTINUED.—PROCEEDINGS BY WAY OF APPEAL
pp 308-318
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CHAPTER XI - HISTORY OF CRIMINAL TRIALS IN ENGLAND FROM 1554—1760
pp 319-427
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CHAPTER XII - DESCRIPTION OF MODERN CRIMINAL TRIALS
pp 428-456
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CHAPTER XIII - HISTORY OF LEGAL PUNISHMENTS
pp 457-492
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CHAPTER XIV - MANAGEMENT OF PROSECUTIONS
pp 493-503
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CHAPTER XV - GENERAL AND COMPARATIVE VIEW OF ENGLISH AND FRENCH CRIMINAL PROCEDURE
pp 504-576
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A History of the Criminal Law of England

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Contents

Frontmatter
pp i-iv

PREFACE
pp v-xii

Contents
pp xiii-xvi

ERRATA AND CORRIGENDA
pp xvii-xviii

CHAPTER I - STATEMENT OF THE SUBJECT OF THE WORK
pp 1-8

CHAPTER II - ROMAN CRIMINAL LAW
pp 9-50

CHAPTER III - EARLY ENGLISH CRIMINAL LAW
pp 51-74

CHAPTER IV - THE ORDINARY CRIMINAL COURTS—QUEEN'S BENCH DIVISION OF THE HIGH COURT, THE COURTS OF ASSIZE, THE COURTS OF QUARTER SESSIONS, COURTS OF SUMMARY JURISDICTION, FRANCHISE COURTS, WELSH COURTS
pp 75-144

CHAPTER V - THE CRIMINAL JURISDICTION OF PARLIAMENT AND THE COURT OF THE LORD HIGH STEWARD
pp 145-165

CHAPTER VI - THE CRIMINAL JURISDICTION OF THE PRIVY COUNCIL
pp 166-183

CHAPTER VII - HISTORY OF THE LAW OF CRIMINAL PROCEDURE.—PROCEDURE DOWN TO COMMITTAL FOR TRIAL OR BAIL
pp 184-243

CHAPTER VIII - HISTORY OF THE LAW OF CRIMINAL PROCEDURE CONTINUED.—FORMS OF ACCUSATION AND TRIAL—APPEALS—ORDEALS—TRIAL BY JURY
pp 244-272

CHAPTER IX - HISTORY OF THE LAW OF CRIMINAL PROCEDURE CONTINUED.—LEGAL INCIDENTS OF A CRIMINAL TRIAL—INDICTMENT AND INFORMATION—ARRAIGNMENT, TRIAL, AND VERDICT
pp 273-307

CHAPTER X - HISTORY OF THE LAW OF CRIMINAL PROCEDURE CONTINUED.—PROCEEDINGS BY WAY OF APPEAL
pp 308-318

CHAPTER XI - HISTORY OF CRIMINAL TRIALS IN ENGLAND FROM 1554—1760
pp 319-427

CHAPTER XII - DESCRIPTION OF MODERN CRIMINAL TRIALS
pp 428-456

CHAPTER XIII - HISTORY OF LEGAL PUNISHMENTS
pp 457-492

CHAPTER XIV - MANAGEMENT OF PROSECUTIONS
pp 493-503

CHAPTER XV - GENERAL AND COMPARATIVE VIEW OF ENGLISH AND FRENCH CRIMINAL PROCEDURE
pp 504-576

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