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The Origins of Reasonable Doubt
Theological Roots of the Criminal Trial
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The Origins of Reasonable Doubt
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
This book is ideal for readers interested in legal history, philosophy of law, and the intersections of religion and justice. It appeals to students, legal professionals, and anyone curious about the evolution of fundamental legal safeguards.
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Description
To be convicted of a crime in the United States, a person must be proven guilty "beyond a reasonable doubt." But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of reasonable doubt. It was not originally a legal rule at all, he shows, but a theological one.
The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not "reasonable." Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors and a serious moral challenge for our system of justice.
Series: Yale Law Library Series in Legal History and Reference
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Book Details
INFORMATION
ISBN: 9780300219906
Publisher: Yale University Press
Format: Paperback / softback
Date Published: 23 February 2016
Country: United States
Imprint: Yale University Press
Illustration: 8 b-w illus.
Audience: Tertiary education, Professional and scholarly
DIMENSIONS
Width: 156.0mm
Height: 235.0mm
Weight: 367g
Pages: 288
About the Author
James Q. Whitman is Ford Foundation Professor of Comparative and Foreign Law, Yale University, and author of the award-winning book Harsh Justice. He lives in New York City, NY.
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