The origins of reasonable doubt: theological roots of the criminal trial / James Q. Whitman.

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Record details

Publication details:
New Haven, CT : Yale University Press, 2008.
Record id:
62118
Subject:
Burden of proof -- History -- Europe.
Evidence, Criminal -- History -- Europe.
Religion and law -- History -- Europe.
Contents:
1. 2. 3. 4. 5. 6. 7. Of factual proof and moral comfort
The Christian judge and the taint of blood: the theology of killing in war and law
The decline of the judicial ordeal: from god as witness to man as witness
Salvation for the judge, damnation for the witnesses: the continent
Salvation for the judge, damnation for the jury: England
The crises of the seventeenth century
The eighteenth century: the rule emerges.
Summary:
James Q. Whitman traces the history of the law and discovers that reasonable doubt was not originally a legal rule, but a theological one, concerned with the protection of the souls of jurors.
Note:
Table of contents and index are taken from the published work with the permission of the publisher.
Includes bibliographical references and index.
ISBN:
9780300116007
Phys. description:
ix, 276 p. : ill. ; 24 cm