(Source: Brill)
Brill is publishing a new book on the development of the
criminal law of evidence in the Netherlands, France and Germany between 1750
and 1870.
ABOUT THE BOOK
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.
ABOUT THE AUTHOR
Ronnie Bloemberg, PhD (2018), performed his PhD
between 2014 and 2018 at the Rijksuniversiteit Groningen in the Netherlands. He
has published several articles on the history of the criminal law of evidence
in Dutch and international journals, and is currently working as a lawyer.
TABLE OF CONTENTS
Acknowledgements
1Introduction
1.1The Connection with the Criminal Justice System as a Whole
1.2The Theoretical Framework
1.3The Approach and Limitations
1.4The Periodization
1.5The Structure and Content of the Chapters
1Introduction
1.1The Connection with the Criminal Justice System as a Whole
1.2The Theoretical Framework
1.3The Approach and Limitations
1.4The Periodization
1.5The Structure and Content of the Chapters
Part 1: The Theoretical Framework and the Development of the
Criminal Law of Evidence in France and Germany
2The Characteristics of the System of Legal Proofs
2.1Introduction
2.2The Abandonment of the Ordeal and the Development of the Inquisitorial Procedure
2.3The Central Characteristics of the System of Legal Proofs
2.4The Thesis of Langbein
2.5Conclusion
3The Theoretical Framework
3.1Introduction
3.2The Political-constitutional Discourse
3.3The Epistemological Discourse
3.4Conclusion
4The Reform of the Criminal Law of Evidence in France 1750–1870
4.1Introduction
4.2The Regulation of the Criminal Law of Evidence in France until 1789
4.3The Reform Discussion on the Criminal Law of Evidence between 1750 and 1789
4.4The Discussions in the Constitutional Assembly (1789–1791)
4.5The Development of the Criminal Law of Evidence between 1791 and 1814
4.6The Criminal Law of Evidence between 1815 and 1848
4.7Conclusion
5The Development of the German Criminal Law of Evidence 1750–1870
5.1Introduction
5.21750–1812: The Abolition of Judicial Torture and the Start of the Reform Debate
5.3The German Discussion between 1812 and 1848
5.4The Discussion on the Criminal Law of Evidence between 1848 and the 1870s
5.5Conclusion
Part 2: The Development of the Criminal Law of Evidence in
the Netherlands 1750–1870
6The Criminal Law of Evidence in the Dutch Republic between 1600 and 1795
6.1Introduction
6.2The Regulation of the Criminal Law of Evidence in the juridical Literature
6.3The Practice of the Criminal Law of Evidence in the Dutch Republic
6.4Conclusion
7The Criminal Law of Evidence under Discussion: 1750–1795
7.1Introduction
7.2Criticisms on the Use of Judicial Torture 1600–1750
7.3The Reform-literature between 1750 and 1795
7.4Reforms of (criminal) Ordinances in the Second Half of the Eighteenth Century
7.5Conclusion
8The Criminal Law of Evidence in the Franco-Batavian Period 1795–1813
8.1Introduction
8.2The Reform of the Criminal Law of Evidence in the National Legislation 1795–1810
8.3The Juridical Literature between 1795 and 1810
8.4The Incorporation of the Netherlands into the French Empire 1810–1813
8.5Conclusion
9The Criminal Law of Evidence in the United Kingdom of the Netherlands 1813–1830
9.1Introduction
9.2The Development of the Discussion in the Juridical Literature between 1813 and 1830
9.3The Attempts to Create New Substantive and Procedural Criminal Codes 1813–1830
9.4The Consequences of the Belgian Separation from the Netherlands
9.5Conclusion
10The Criminal Law of Evidence in the Netherlands between 1838 and 1870
10.1Introduction
10.2The Discussion on the Criminal Law of Evidence between 1838 and 1860
10.3The Discussion Regarding the Abolition of the Negative System of Legal Proofs in the 1860s
10.4Changes in the Criminal Law of Evidence after 1870
10.5Conclusion
11Conclusion
11.1Introduction
11.2The Theoretical Framework
11.3The Connection with the Criminal Justice System as a Whole
11.4A Comparison between the Netherlands, France and Germany
11.5The Developments in the Late Nineteenth and Twentieth Centuries
Bibliography
Index
More information here
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