Torture and the Law of Proof

Europe and England in the Ancien Regime

By: John H. Langbein

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Paperback | 15 August 2006 | Edition Number 1

At a Glance

Paperback
240 Pages

Edition Type
New edition

Dimensions(cm)
21.69 x 14.48 x 1.58

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$80.50

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In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it.

The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.

Industry Reviews

"Like all good monographs, Torture and the Law of Proof not only does what it sets out to do well but points to new directions. It is a concise scholarly work that compares two legal systems with graceful ease and has provocative implications extending far beyond the sleazy world of rack, strappado, and thumb screw."--Charles Carlton "American Historical Review"

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Preface to the Paperback Edition	p. ix
Preface	p. xv
Europe Judicial Torture
Torture and the Law of Proof	p. 3
The Jurisprudence of Torture	p. 4
The Origins of Judicial Torture	p. 5
The Classical Critique of Judicial Torture	p. 8
Abolition and the Fairy Tale	p. 10
The Law of Torture	p. 12
Torturing the Convicted	p. 16
The Transformation of Criminal Sanctions	p. 27
The Blood Sanctions	p. 27
Medieval Imprisonment	p. 28
The Galley Sentence	p. 29
The Workhouse	p. 33
Imprisonment	p. 38
Transportation	p. 39
Europe and England	p. 43
The Revolution in the Law of Proof	p. 45
Poena extraordinaria	p. 45
Punishment without Full Proof	p. 47
Carolina to Theresiana	p. 49
The New Law of Proof in France	p. 50
Why Poena Extraordinaria?	p. 55
The Abolition of Judicial Torture	p. 61
The Abolition Legislation	p. 61
The Abolition Legend	p. 64
England The Century of Torture 1540-1640
The Torture-Free Law of Proof	p. 73
Peine Forte et Dure	p. 74
The Jury Standard of Proof	p. 77
Public Prosecution under the Tudors	p. 79
The Torture Warrants 1540-1640	p. 81
The Gerard Warrant	p. 82
Venue	p. 83
Modes of Torture	p. 84
Commissioners to Torture	p. 85
Preconditions for Torture	p. 87
The Purposes of Torture	p. 88
The Table of Warrants	p. 91
The Theory of Torture	p. 129
The Prerogative?	p. 129
The Reception?	p. 131
The End of Torture	p. 134
Abbreviations	p. 141
Notes	p. 145
Index	p. 215
Table of Contents provided by Ingram. All Rights Reserved.

Torture and the Law of Proof

Europe and England in the Ancien Regime

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

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