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Law of the Other The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge

ISBN-10: 0226114988

ISBN-13: 9780226114989

Edition: 1994

Authors: Marianne Constable

List price: $33.00
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Description:

The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth. The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
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Book details

List price: $33.00
Copyright year: 1994
Publisher: University of Chicago Press
Publication date: 2/28/1994
Binding: Paperback
Pages: 208
Size: 6.00" wide x 9.25" long x 0.50" tall
Weight: 0.638

Acknowledgments
Introduction
The Early Mixed Jury
Customs and Communities
Early Mixed Juries
Positive Law and Personal Law
The Modern American Jury
A Representative Cross-Section of the Population
Jurors as Peers: Non-Random Identification and Selection
Reliability and the Modern Verdict
Sociological Society
Studies of Juries
The Law of the Officials
Improving the Jury Trial
Sociological Society
A Matter of History
The Origin of Positive Law
The Mark of Authority
The Writing of Rules
The Writing of Law
The Statutes of Edward III of 1353, 1354, and 1362
Interpreting the Language of the Law
Sherley's Case
The Jury de Medietate Linguae
The Introduction of "Linguae"
Sixteenth-Century Changes in Mixed Jury Composition
Language and Community
The Indifferent Jury
Impartiality and Suits among Aliens
Eighteenth- and Nineteenth-Century Juries
The Case of Manning and Manning
The Loss of Difference
The Abolition of the Mixed Jury
Conclusion
Notes
Index