Justice and Police

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The Lawbook Exchange, Ltd., 2005 - 176 من الصفحات
Reprint of the first book by Maitland. Written for the layman, it is far more than a traditional overview. By discussing justice and police together Maitland offers a stimulating definition of his subject as "those institutions and processes whereby the country's law is enforced" (Preface). "Maitland's study was characterized by an originality of approach, a freedom from academic pretension and a simplicity of style that made it a stimulating and suggestive discussion of the intricacies of criminal law administration in England during the 1st quarter of the nineteenth century.": Columbia Law Review 29:847 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 190. Widely considered the father of legal history, Frederic William Maitland [1850-1906] was an English jurist and historian best known for the standard The History of English Law Before the Time of Edward I, 2 vols. (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in 1876, and practiced until 1884 when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works profoundly influenced legal scholarship. An extraordinarily productive career was shortened by his death from tuberculosis at age 45.

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المحتوى

CHAPTER
1
CHAPTER II
12
CHAPTER III
20
CHAPTER IV
31
CHAPTER V
43
CHAPTER VI
57
CHAPTER VII
69
CHAPTER VIII
79
BOROUGH JUSTICES AND PAID MAGISTRATES
94
THE CONSTABULARY
117
PROSECUTION
129
CHAPTER XIII
152
A CRIMINAL TRIAL
163
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الصفحة 129 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial.
الصفحة 37 - The system of our courts of equity is a laboured, connected system, governed by established rules and bound down by precedents, from which they do not depart, although the reason of some of them may perhaps be liable to objection.
الصفحة 82 - Shallow. Sir Hugh, persuade me not; I will make a Starchamber matter of it; if he were twenty Sir John Falstaffs, he should not abuse Robert Shallow, Esquire.
الصفحة 84 - Long ago lawyers abandoned all hope of describing the duties of a justice in any methodic fashion, and the alphabet has become the one possible connecting thread. A justice—if we trust our text-books—must have something to do with " Railways, Rape, Rates, Recognisances, Records, and Recreation Grounds;" with " Perjury, Petroleum, Piracy, and Playhouses;" with "Disorderly Houses, Dissenters, Dogs, and Drainage,
الصفحة 93 - It is such a form of subordinate government for the tranquillity and quiet of the realm, as no part of the Christian world hath the like, if the same be duly exercised.
الصفحة 119 - if he were reasonably suspected of having committed the felony ; and a constable could go further : if he had reasonable ground for supposing that a felony had been committed, and reasonable ground for supposing that a certain person had committed the supposed felony, he might arrest him, though no felony had actually been committed.
الصفحة 7 - Our courts are said to be more open to admit actions founded upon foreign transactions than those of any other European country; but there are restrictions in respect of locality which exclude some foreign causes of action
الصفحة 35 - practice of stealing work from the Common Pleas which was begun by the King's Bench and adopted by the Exchequer, for more business meant more money. In the end it came about that while each court had some work all its own, each could entertain any of the common civil actions.
الصفحة 80 - the justices, their number always increasing, gradually became rulers of the county acting under the supervision of the King's Council and the King's Bench, and carrying into effect both judicially and administratively the many detailed statutes relating to police and social economy. The practice of committing to them all the affairs of the shire
الصفحة 43 - the Chancery Division has five judges besides its president the Chancellor : the Queen's Bench Division has fifteen judges, of whom one, the Lord Chief Justice, is its president : the Probate, Divorce, and Admiralty Division has but two judges,

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