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Marianne Constable

The Law of the Other

The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge

208 pages,  6 x 9  © 1994
Series: New Practices of Inquiry

Cloth $59.00

ISBN: 9780226114965   Published February 1994

Paper $22.00

ISBN: 9780226114989   Published February 1994

Acknowledgments
Introduction
1: The Early Mixed Jury
1: Customs and Communities
2: Early Mixed Juries
3: Positive Law and Personal Law
2: The Modern American Jury
1: A Representative Cross-Section of the Population
2: Jurors as Peers: Non-Random Identification and Selection
3: Reliability and the Modern Verdict
3: Sociological Society
1: Studies of Juries
2: The Law of the Officials
3: Improving the Jury Trial
4: Sociological Society
4: A Matter of History
1: The Origin of Positive Law
2: The Mark of Authority
3: The Writing of Rules
5: The Writing of Law
1: The Statutes of Edward III of 1353, 1354, and 1362
2: Interpreting the Language of the Law
3: Sherley's Case
6: The Jury de Medietate Linguae
1: The Introduction of "Linguae"
2: Sixteenth-Century Changes in Mixed Jury Composition
3: Language and Community
7: The Indifferent Jury
1: Impartiality and Suits among Aliens
2: Eighteenth- and Nineteenth-Century Juries
3: The Case of Manning and Manning
4: The Loss of Difference
5: The Abolition of the Mixed Jury
Conclusion
Notes
Index
Awards
  • James Willard Hurst Prize in American Legal History
Subjects



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