John H Langbein
Datos Biográficos
| ID | 1124470 |
|---|---|
| NOMBRE | John H Langbein |
| NOMBRES | John H |
| APELLIDO | Langbein |
| FIRMA | LANGBEIN J H |
| AFILIACIONES | University of Chicago |
| VERIFICADO | No |
| TOTAL DE OBRAS | 21 |
| TOTAL DE CITAS | 77 |
| TOTAL COMO AUTOR | 21 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 1973 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2022 |
| ÍNDICE H | 5 |
The Turn to Confession Bargaining in German Criminal Procedure
In recent decades German criminal procedure has developed a practice of confession bargaining, in which defense counsel negotiates with the trial judge for the defendant to confess the charged offense in exchange for a milder sentence than would result if the defendant were to contest the charge. The German practice resembles American plea bargaining in many respects. This Article probes the similarities and the differences between the two system…
The Bar and the Old Bailey, 1750–1850
The Bar and the Old Bailey, 1750–1850. By ALLYSON N. MAY (Chapel Hill: U. of North Carolina P., 2003; pp. 361. £37.50). ACROSS the eighteenth and early nineteenth centuries, the English criminal trial underwent an astonishing transformation from a lawyer-free proceeding into the precursor of today's lawyer-dominated adversary system. Trial had been a judge-supervised ‘altercation’ between citizen-accuser and citizen-accused, an occasion for the a…
The Trial in History. Vol.I
1Yale University The Trial in History. Vol.I: Judicial Tribunals in England and Europe, 1200–1700 Maureen Mulholland Brian Pullan Manchester Manchester U.P. 2003 186 £ 40
The Prosecutorial Origins of Defence Counsel in the Eighteenth Century
In the 1730s English criminal procedure abandoned its centuries-old rule forbidding the defendant in cases of felony to be assisted by counsel. The judges began to allow counsel to examine and cross-examine witnesses on the defendant's behalf, presaging the beginnings of the distinctive Anglo-American adversary system of criminal trial. This article points to two innovations in pretrial practice in the early decades of the eighteenth century that…
The Privilege against Self-Incrimination
Journal Article The Privilege against Self-incrimination: Its Origins and Development Get access Helmholz R. H. Gray Charles M. Langbein John H. Moglen Eben Smith Henry Alschuler Albert, The Privilege against Self-incrimination: Its Origins and Development. Chicago: University of Chicago Press, 1997. x, 310 pp. $29.95. David J. Bodenhamer David J. Bodenhamer Indiana University-Purdue University, Indianapolis Search for other works by this author …
The Influence of Comparative Procedure in the United States
Comparative law, especially the study of legal institutions and procedures, should be ranked among the most illuminating branches of legal science. When teaching a course that emphasizes comparative procedure, I remind students of the justification that was given them when they were asked to learn Latin in school: We study Latin to learn English. So with comparative law. American law students are not training to become lawyers or judges in Berlin…
The Twentieth-Century Revolution in Family Wealth Transmission
More than twenty years ago in a notable law review article, Charles Reich called attention 5. To be sure, the business of providing retirement income, both in money and in the form of medical services, is the prototypical government transfer scheme.Social Security benefits epitomize Charles Reich's "new property."Reich, supra note 3, at 734.But for propertied people, Social Security has always been something of a sideshow, and the recent revision…
Comparative Civil Procedure and the Style of Complex Contracts
Among businessmen and lawyers familiar with commercial practice in complex transactions on both sides of the Atlantic, it is a common observation that a contract drafted in the United States is typically vastly more detailed than a contract originating in Germany or elsewhere on the Continent. My purpose in this paper is to inquire into the causes of that notable difference in the style of contracting. The Belgian legal writer Georges van Hecke d…
The German Advantage in Civil Procedure
Our lawyer-dominated system of civil procedure has often been criticized both for its incentives to distort evidence and for the expense and complexity of its modes of discovery and trial."The shortcomings inhere in a system that leaves to partisans the work of gathering and producing the factual material upon which adjudication depends.We have comforted ourselves with the thought that a lawyerless system would be worse.'The excesses of American …
Albion's Fatal Flaws
Journal Article ALBION'S FATAL FLAWS Get access John H. Langbein John H. Langbein University of Chicago Search for other works by this author on: Oxford Academic Google Scholar Past & Present, Volume 98, Issue 1, February 1983, Pages 96–120, https://doi.org/10.1093/past/98.1.96 Published: 01 February 1983
Understanding the Short History of Plea Bargaining
As late as the eighteenth century, ordinary jury trial at common law was a judge-dominated, lawyer-free procedure conducted so rapidly that plea bargaining was unnecessary. Thereafter, the rise of adversary procedure and the law of evidence injected vast complexity into jury trial and made it unworkable as a routine dispositive procedure. A variety of factors, some quite fortuitous, inclined nineteenthcentury common law procedure to channel the m…
Torture and the Law of Proof. Europe and England in the Ancien Regime
Torture and the Law of Proof. Europe and England in the Ancien Régime Get access Langbein John H., Torture and the Law of Proof. Europe and England in the Ancien Régime. Chicago and London, Chicago University Press, 1977. x, 229 pp. $16.50. J. H. Baker J. H. Baker Lecturer in Law University of Cambridge, England Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 22, Issue 4, October …
Torture and the Law of Proof
Prosecuting Crime in the Renaissance. England, Germany, France
Journal Article Prosecuting Crime in the Renaissance. England, Germany, France Get access Prosecuting Crime in the Renaissance. England, Germany, France. By Langbein John H.. Cambridge: Harvard University Press, 1974. Pp. 322. Thomas G. Barnes Thomas G. Barnes *Professor of History & Law, University of California, Berkeley. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 24,…
Fighting Ships and Prisons
Fighting Ships and Prisons: The Mediterranean Galleys of France in the Age of Louis XIV Get access Bamford Paul W., Fighting Ships and Prisons: The Mediterranean Galleys of France in the Age of Louis XIV. Minneapolis, Minnesota. The University of Minnesota Press, 1973. x, 380 pp. $16.50 John H. Langbein John H. Langbein Professor of Law University of Chicago Law School Search for other works by this author on: Oxford Academic Google Scholar Ameri…
Prosecuting Crime in the Renaissance
Journal Article Prosecuting Crime in the Renaissance: England, Germany, France Get access Langbein John H., Prosecuting Crime in the Renaissance: England, Germany, France. Cambridge, Massachusetts. Harvard University Press, 1974. ix, 321 pp. $14.95. John H. Gleason John H. Gleason Professor Emeritus Department of History, Pomona College Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Vol…
Catalogue of Manuscripts in the Library of the Honourable Society of the Inner Temple
Catalogue of Manuscripts in the Library of the Honourable Society of the Inner Temple Get access Davies J. Conway, Editor, Catalogue of Manuscripts in the Library of the Honourable Society of the Inner Temple. 3 vols., New York, Oxford University Press, 1972 [1973]. xviii, 1577 pp. $120.00. John H. Langbein John H. Langbein Professor of Law University of Chicago Law School Search for other works by this author on: Oxford Academic Google Scholar A…
Prosecuting Crime in the Renaissance
Prosecuting Crime in the Renaissance
A History of English Assizes 1558-1714
Journal Article A History of English Assizes 1558–1714 Get access Cockburn J. S., A History of English Assizes 1558–1714. Cambridge, England. Cambridge University Press, 1972. xviii, 372 pp. $27.50. John H. Langbein John H. Langbein Associate Professor University of Chicago Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 18, Issue 1, January 1974, Pages 88–94, https://d…
The Origins of Public Prosecution at Common Law
However fundamental he may appear to us, the public prosecutor was an historical latecomer. Judge and jury we can trace back to the high Middle Ages. But the prosecutor became a regular figure of Anglo-American criminal procedure only in Tudor times. Further, his appearance then has not been noticed in our historical literature, an especially remarkable omission when we discover that the prosecutorial office was originally lodged with a much-stud…
The German Advantage in Civil Procedure
Our lawyer-dominated system of civil procedure has often been criticized both for its incentives to distort evidence and for the expense and complexity of its modes of discovery and trial."The shortcomings inhere in a system that leaves to partisans the work of gathering and producing the factual material upon which adjudication depends.We have comforted ourselves with the thought that a lawyerless system would be worse.'The excesses of American …
Understanding the Short History of Plea Bargaining
As late as the eighteenth century, ordinary jury trial at common law was a judge-dominated, lawyer-free procedure conducted so rapidly that plea bargaining was unnecessary. Thereafter, the rise of adversary procedure and the law of evidence injected vast complexity into jury trial and made it unworkable as a routine dispositive procedure. A variety of factors, some quite fortuitous, inclined nineteenthcentury common law procedure to channel the m…
Torture and the Law of Proof
The Prosecutorial Origins of Defence Counsel in the Eighteenth Century
In the 1730s English criminal procedure abandoned its centuries-old rule forbidding the defendant in cases of felony to be assisted by counsel. The judges began to allow counsel to examine and cross-examine witnesses on the defendant's behalf, presaging the beginnings of the distinctive Anglo-American adversary system of criminal trial. This article points to two innovations in pretrial practice in the early decades of the eighteenth century that…
Albion's Fatal Flaws
Journal Article ALBION'S FATAL FLAWS Get access John H. Langbein John H. Langbein University of Chicago Search for other works by this author on: Oxford Academic Google Scholar Past & Present, Volume 98, Issue 1, February 1983, Pages 96–120, https://doi.org/10.1093/past/98.1.96 Published: 01 February 1983
The Influence of Comparative Procedure in the United States
Comparative law, especially the study of legal institutions and procedures, should be ranked among the most illuminating branches of legal science. When teaching a course that emphasizes comparative procedure, I remind students of the justification that was given them when they were asked to learn Latin in school: We study Latin to learn English. So with comparative law. American law students are not training to become lawyers or judges in Berlin…
The Twentieth-Century Revolution in Family Wealth Transmission
More than twenty years ago in a notable law review article, Charles Reich called attention 5. To be sure, the business of providing retirement income, both in money and in the form of medical services, is the prototypical government transfer scheme.Social Security benefits epitomize Charles Reich's "new property."Reich, supra note 3, at 734.But for propertied people, Social Security has always been something of a sideshow, and the recent revision…
Comparative Civil Procedure and the Style of Complex Contracts
Among businessmen and lawyers familiar with commercial practice in complex transactions on both sides of the Atlantic, it is a common observation that a contract drafted in the United States is typically vastly more detailed than a contract originating in Germany or elsewhere on the Continent. My purpose in this paper is to inquire into the causes of that notable difference in the style of contracting. The Belgian legal writer Georges van Hecke d…
The Origins of Public Prosecution at Common Law
However fundamental he may appear to us, the public prosecutor was an historical latecomer. Judge and jury we can trace back to the high Middle Ages. But the prosecutor became a regular figure of Anglo-American criminal procedure only in Tudor times. Further, his appearance then has not been noticed in our historical literature, an especially remarkable omission when we discover that the prosecutorial office was originally lodged with a much-stud…
The Origins of Public Prosecution at Common Law
However fundamental he may appear to us, the public prosecutor was an historical latecomer. Judge and jury we can trace back to the high Middle Ages. But the prosecutor became a regular figure of Anglo-American criminal procedure only in Tudor times. Further, his appearance then has not been noticed in our historical literature, an especially remarkable omission when we discover that the prosecutorial office was originally lodged with a much-stud…
Prosecuting Crime in the Renaissance
A History of English Assizes 1558-1714
Journal Article A History of English Assizes 1558–1714 Get access Cockburn J. S., A History of English Assizes 1558–1714. Cambridge, England. Cambridge University Press, 1972. xviii, 372 pp. $27.50. John H. Langbein John H. Langbein Associate Professor University of Chicago Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 18, Issue 1, January 1974, Pages 88–94, https://d…
Prosecuting Crime in the Renaissance
Journal Article Prosecuting Crime in the Renaissance: England, Germany, France Get access Langbein John H., Prosecuting Crime in the Renaissance: England, Germany, France. Cambridge, Massachusetts. Harvard University Press, 1974. ix, 321 pp. $14.95. John H. Gleason John H. Gleason Professor Emeritus Department of History, Pomona College Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Vol…
Catalogue of Manuscripts in the Library of the Honourable Society of the Inner Temple
Catalogue of Manuscripts in the Library of the Honourable Society of the Inner Temple Get access Davies J. Conway, Editor, Catalogue of Manuscripts in the Library of the Honourable Society of the Inner Temple. 3 vols., New York, Oxford University Press, 1972 [1973]. xviii, 1577 pp. $120.00. John H. Langbein John H. Langbein Professor of Law University of Chicago Law School Search for other works by this author on: Oxford Academic Google Scholar A…
Prosecuting Crime in the Renaissance
Prosecuting Crime in the Renaissance. England, Germany, France
Journal Article Prosecuting Crime in the Renaissance. England, Germany, France Get access Prosecuting Crime in the Renaissance. England, Germany, France. By Langbein John H.. Cambridge: Harvard University Press, 1974. Pp. 322. Thomas G. Barnes Thomas G. Barnes *Professor of History & Law, University of California, Berkeley. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 24,…
Fighting Ships and Prisons
Fighting Ships and Prisons: The Mediterranean Galleys of France in the Age of Louis XIV Get access Bamford Paul W., Fighting Ships and Prisons: The Mediterranean Galleys of France in the Age of Louis XIV. Minneapolis, Minnesota. The University of Minnesota Press, 1973. x, 380 pp. $16.50 John H. Langbein John H. Langbein Professor of Law University of Chicago Law School Search for other works by this author on: Oxford Academic Google Scholar Ameri…
Torture and the Law of Proof
Torture and the Law of Proof. Europe and England in the Ancien Regime
Torture and the Law of Proof. Europe and England in the Ancien Régime Get access Langbein John H., Torture and the Law of Proof. Europe and England in the Ancien Régime. Chicago and London, Chicago University Press, 1977. x, 229 pp. $16.50. J. H. Baker J. H. Baker Lecturer in Law University of Cambridge, England Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 22, Issue 4, October …
Understanding the Short History of Plea Bargaining
As late as the eighteenth century, ordinary jury trial at common law was a judge-dominated, lawyer-free procedure conducted so rapidly that plea bargaining was unnecessary. Thereafter, the rise of adversary procedure and the law of evidence injected vast complexity into jury trial and made it unworkable as a routine dispositive procedure. A variety of factors, some quite fortuitous, inclined nineteenthcentury common law procedure to channel the m…
Albion's Fatal Flaws
Journal Article ALBION'S FATAL FLAWS Get access John H. Langbein John H. Langbein University of Chicago Search for other works by this author on: Oxford Academic Google Scholar Past & Present, Volume 98, Issue 1, February 1983, Pages 96–120, https://doi.org/10.1093/past/98.1.96 Published: 01 February 1983
The German Advantage in Civil Procedure
Our lawyer-dominated system of civil procedure has often been criticized both for its incentives to distort evidence and for the expense and complexity of its modes of discovery and trial."The shortcomings inhere in a system that leaves to partisans the work of gathering and producing the factual material upon which adjudication depends.We have comforted ourselves with the thought that a lawyerless system would be worse.'The excesses of American …
Comparative Civil Procedure and the Style of Complex Contracts
Among businessmen and lawyers familiar with commercial practice in complex transactions on both sides of the Atlantic, it is a common observation that a contract drafted in the United States is typically vastly more detailed than a contract originating in Germany or elsewhere on the Continent. My purpose in this paper is to inquire into the causes of that notable difference in the style of contracting. The Belgian legal writer Georges van Hecke d…
The Twentieth-Century Revolution in Family Wealth Transmission
More than twenty years ago in a notable law review article, Charles Reich called attention 5. To be sure, the business of providing retirement income, both in money and in the form of medical services, is the prototypical government transfer scheme.Social Security benefits epitomize Charles Reich's "new property."Reich, supra note 3, at 734.But for propertied people, Social Security has always been something of a sideshow, and the recent revision…
The Influence of Comparative Procedure in the United States
Comparative law, especially the study of legal institutions and procedures, should be ranked among the most illuminating branches of legal science. When teaching a course that emphasizes comparative procedure, I remind students of the justification that was given them when they were asked to learn Latin in school: We study Latin to learn English. So with comparative law. American law students are not training to become lawyers or judges in Berlin…
The Privilege against Self-Incrimination
Journal Article The Privilege against Self-incrimination: Its Origins and Development Get access Helmholz R. H. Gray Charles M. Langbein John H. Moglen Eben Smith Henry Alschuler Albert, The Privilege against Self-incrimination: Its Origins and Development. Chicago: University of Chicago Press, 1997. x, 310 pp. $29.95. David J. Bodenhamer David J. Bodenhamer Indiana University-Purdue University, Indianapolis Search for other works by this author …
The Prosecutorial Origins of Defence Counsel in the Eighteenth Century
In the 1730s English criminal procedure abandoned its centuries-old rule forbidding the defendant in cases of felony to be assisted by counsel. The judges began to allow counsel to examine and cross-examine witnesses on the defendant's behalf, presaging the beginnings of the distinctive Anglo-American adversary system of criminal trial. This article points to two innovations in pretrial practice in the early decades of the eighteenth century that…
The Trial in History. Vol.I
1Yale University The Trial in History. Vol.I: Judicial Tribunals in England and Europe, 1200–1700 Maureen Mulholland Brian Pullan Manchester Manchester U.P. 2003 186 £ 40
The Bar and the Old Bailey, 1750–1850
The Bar and the Old Bailey, 1750–1850. By ALLYSON N. MAY (Chapel Hill: U. of North Carolina P., 2003; pp. 361. £37.50). ACROSS the eighteenth and early nineteenth centuries, the English criminal trial underwent an astonishing transformation from a lawyer-free proceeding into the precursor of today's lawyer-dominated adversary system. Trial had been a judge-supervised ‘altercation’ between citizen-accuser and citizen-accused, an occasion for the a…
The Turn to Confession Bargaining in German Criminal Procedure
In recent decades German criminal procedure has developed a practice of confession bargaining, in which defense counsel negotiates with the trial judge for the defendant to confess the charged offense in exchange for a milder sentence than would result if the defendant were to contest the charge. The German practice resembles American plea bargaining in many respects. This Article probes the similarities and the differences between the two system…
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