Customer Reviews

The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History)

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This a really terrific explanation of the history of our modern adversarial system and would be particularly useful to trial lawyers who work within the adversarial criminal system. (It's one thing to know that one CAN object to hearsay...but haven't you ever wondered how that particular rule evolved?)

Langbein's work is revolutionary in its use of the Old Bailey Sessions papers as a tool for scholarly research. For all who are interested in criminal trials in the Britain in the 18th Century, this work is absolutely fundamental.

Oliver Wendell Holmes, Jr. noted the importance of considering history and experience when understanding the law. In The Common Law (1881), Mr. Holmes noted "The life of the law has not been logic; it has been experience." And, in a Supreme Court decision (New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921)), Justice Holmes stated "Upon this point a page of history is worth a volume of logic." Professor Langbein's book provides a good illustration of how an examination of legal history can provide important factual context to better understand some of the strengths and weaknesses of the adversary system of criminal justice. Although the book is not for casual reading, it is written in a style that can be understandable for a conscientious reader who is not a lawyer or professional historian. Anyone interested in better understanding of the origins of American criminal trials should consider reading this book.