Torture and the Law of Proof Europe and England in the Ancien Regime

ISBN-10: 0226468941
ISBN-13: 9780226468945
Edition: 2005
Authors: John H. Langbein
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Description: In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing  More...

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Book details

List price: $30.00
Copyright year: 2005
Publisher: University of Chicago Press
Publication date: 8/15/2006
Binding: Paperback
Pages: 240
Size: 5.50" wide x 8.25" long x 0.50" tall
Weight: 0.858
Language: English

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.

Preface to the Paperback Edition
Preface
Europe Judicial Torture
Torture and the Law of Proof
The Jurisprudence of Torture
The Origins of Judicial Torture
The Classical Critique of Judicial Torture
Abolition and the Fairy Tale
The Law of Torture
Torturing the Convicted
The Transformation of Criminal Sanctions
The Blood Sanctions
Medieval Imprisonment
The Galley Sentence
The Workhouse
Imprisonment
Transportation
Europe and England
The Revolution in the Law of Proof
Poena extraordinaria
Punishment without Full Proof
Carolina to Theresiana
The New Law of Proof in France
Why Poena Extraordinaria?
The Abolition of Judicial Torture
The Abolition Legislation
The Abolition Legend
England The Century of Torture 1540-1640
The Torture-Free Law of Proof
Peine Forte et Dure
The Jury Standard of Proof
Public Prosecution under the Tudors
The Torture Warrants 1540-1640
The Gerard Warrant
Venue
Modes of Torture
Commissioners to Torture
Preconditions for Torture
The Purposes of Torture
The Table of Warrants
The Theory of Torture
The Prerogative?
The Reception?
The End of Torture
Abbreviations
Notes
Index

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