Non-Benthamite influences on the English law of evidence, 1828-1898
The thesis investigates developments in English evidence law during this period and concludes that it is necessary to revise the traditional view, presented for example by Holdsworth, that nineteenth-century developments in evidence law were largely a response to Bentham's critique. This view exaggerated Bentham's role in the statutory reforms and ignored common law developments. An examination of contemporary debates in Parliament, as well as in pamphlets, journals and newspapers, shows that reformers had widely different concerns from those expressed in Bentham's published and unpublished writings. While Bentham had wanted to extend competency as part of a reform of adjective law aimed at abolishing the ~technical system~ of procedure which supported the ~sinister interests~ of Church and State, the statutory reforms were achieved for pragmatic reasons that had nothing to do with any radical programme. Success depended on convincing enough lawyers and politicians that increased social stability made it safe to change, and that proposed reforms involved no threat to the relatively new balance of power in criminal trials between judge, counsel and the accused. A case study of selected topics shows that common
Allen, Christopher John Wallace
Statutory reforms; Common law; Bentham
Non-Benthamite influences on the English law of evidence, 1828-1898. The thesis investigates developments in English evidence law during this period and concludes that it is necessary to revise the traditional view, presented for example by Holdsworth, that nineteenth-century developments in evidence law were largely a response to Bentham's critique. This view exaggerated Bentham's role in the statutory reforms and ignored common law developments. An examination of contemporary debates in Parliament, as well as in pamphlets, journals and newspapers, shows that reformers had widely different concerns from those expressed in Bentham's published and unpublished writings. While Bentham had wanted to extend competency as part of a reform of adjective law aimed at abolishing the ~technical system~ of procedure which supported the ~sinister interests~ of Church and State, the statutory reforms were achieved for pragmatic reasons that had nothing to do with any radical programme. Success depended on convincing enough lawyers and politicians that increased social stability made it safe to change, and that proposed reforms involved no threat to the relatively new balance of power in criminal trials between judge, counsel and the accused. A case study of selected topics shows that common
non influence english law evidence investigates_development english evidence law period conclude necessary revise traditional_view present example nineteenth_century development evidence law largely response critique view exaggerate role statutory reform ignore common_law development examination contemporary_debate parliament well pamphlet journal newspaper show reformer widely different concern express publish_unpublished writing want extend competency part reform adjective law aim abolish technical system procedure support church_state statutory reform achieve pragmatic reason nothing radical programme success depend convince enough lawyer politician increase social_stability make safe change propose reform involve threat relatively_new balance_power criminal trial judge counsel accuse case_study select topic show common