While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800,there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research.Contributors:John W CairnsRichard D FriedmanJoshua GetzlerRoger D GrootPhilip HandlerDaffydd JenkinsMichael LobbanGrant McLeodMaureen MulhollandJames C OldhamJ R PoleDavid J Seipp

1. "The Dearest Birth Right of the People of England": The Civil Jury in Modern Scottish Legal HistoryJOHN W CAIRNS (Edinburgh)2. Towards the Jury in Medieval WalesDAFYDD JENKINS (Aberystwyth)3. Petit Larceny, Jury Lenity and ParliamentROGER D GROOT (Lexington)4. The Jury in English Manorial Courts.MAUREEN MULHOLLAND (Manchester)5. Jurors, Evidences and the Tempest of 1499DAVID J SEIPP (Boston)6. No Link: The Jury and the Origins of the Confrontation Right and the Hearsay RuleRICHARD D FRIEDMAN (Ann Arbor)7. "A Quest of Thoughts": Representation and Moral Agency in the Early Anglo-American JuryJ R POLE (Oxford)8. Jury Research in the English Reports in CD-ROMJAMES OLDHAM (Georgetown)9. The Limits of Discretion: Forgery and the Jury at the Old Bailey, 1818-21PHILIP HANDLER (Leicester)10. The Strange Life of the English Civil Jury, 1837-1914MICHAEL LOBBAN (London)11. The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test CaseJOSHUA GETZLER (Oxford)