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- Title
Finding Facts in Medieval English Law.
- Authors
Kamali, Elizabeth Papp
- Abstract
Accounts of the post-Lateran IV period tend to emphasize the different procedural paths taken by English courts, which adopted jury trial for felony cases, and continental European courts, which turned toward inquisitorial methods and a greater reliance on confession. This article argues that the fact-finding strategies of the two systems had more in common than may appear at first glance due, in part, to a shared cultural reservoir exemplified by the strategy of circumstantial inquiry employed by confessors. Rather than focusing on the point of greatest difference, the trial jury, this article examines pre-trial investigative processes to emphasize shared jurisprudential priorities.
- Subjects
JURY; JURY trials; FELONIES; COURTS
- Publication
Journal of Legal Analysis, 2023, Vol 15, Issue 1, p158
- ISSN
2161-7201
- Publication type
Article
- DOI
10.1093/jla/laad009