The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870
Gebonden Engels 2020 1e druk 9789004415010Samenvatting
This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone.
In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
Specificaties
Lezersrecensies
Inhoudsopgave
Part 1 The Theoretical Framework and the Development of the Criminal Law of Evidence in France and Germany
Chapter 2 The Characteristics of the System of Legal Proofs
Chapter 3 The Theoretical Framework
Chapter 4 The Reform of the Criminal Law of Evidence in France 1750–1870
Chapter 5 The Development of the German Criminal Law of Evidence 1750–1870
Part 2 The Development of the Criminal Law of Evidence in the Netherlands 1750–1870
Chapter 6 The Criminal Law of Evidence in the Dutch Republic between 1600 and 1795
Chapter 7 The Criminal Law of Evidence under Discussion: 1750–1795
Chapter 8 The Criminal Law of Evidence in the Franco-Batavian Period 1795–1813
Chapter 9 The Criminal Law of Evidence in the United Kingdom of the Netherlands 1813–1830
Chapter 10 The Criminal Law of Evidence in the Netherlands between 1838 and 1870
Chapter 11 Conclusion
Bibliography
Subject Index
Author Index
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