A History of Continental Criminal Procedure: With Special Reference to France

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The Lawbook Exchange, Ltd., 2000 - History - 640 pages
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Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.
 

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Page xlii - Italy, clerk ; for that he, together, &c. — [here the indictment was read] — upon which indictment he hath been arraigned, and thereunto hath pleaded not guilty ; and for his trial, hath put himself upon God and the country, which country you are.
Page vii - ... so my lord Bacon calls it, of science ; instead of grovelling all their lives below, in a mean but gainful application to all the little arts of chicane. Till this happen, the...
Page vii - I might instance in other professions the obligation men lie under of applying themselves to certain parts of History; and I can hardly forbear doing it in that of the Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious.
Page vii - Jurisprudence (Farewell Lecture at the University of Oxford, 1903). No piece of History is true when set apart to itself, divorced and isolated. It is part of an intricately pieced whole, and must needs be put in its place in the netted scheme of events, to receive its true color and estimation. We are all partners in a common undertaking, — the illumination of the thoughts and actions of men as associated in society, the life of the human spirit in this familiar theatre of cooperative effort in...
Page vii - But there have been lawyers that were orators, philosophers, historians: there have been Bacons and Clarendons. There will be none such any more, till in some better age true ambition, or the love of fame, prevails over avarice; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground...
Page ix - But in tracing the warp and woof of its structure we are brought inevitably into a larger field of vision. The story of Western Continental Law is made up, in the last analysis, of two great movements, racial and intellectual. One is the Germanic migrations, planting a solid growth of Germanic custom everywhere, from Danzig to Sicily, from London to Vienna. The other is the posthumous power of Roman law, forever resisting, struggling, and coalescing with the other. A thousand detailed combinations,...
Page ix - ALL history," said the lamented master Maitland, in a memorable epigram, "is but a seamless web; and he who endeavors to tell but a piece of it must feel that his first sentence tears the fabric." This seamless web of our own legal history unites us inseparably to the history of Western and Southern Europe. Our main interest must naturally center on deciphering the pattern which lies directly before us, — that of the Anglo-American law. But in tracing the warp and woof of its structure we are brought...

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