BOOK: Andrew WATSON, Speaking in Court : Developments in Court Advocacy from the 17th to the 21st Century (London: Palgrave Macmillan, 2019). ISBN 978-3-030-10395-8, $84.99

(Source: Palgrave)

ABOUT THE BOOK

This book maps the changes in court advocacy in England and Wales over the last three centuries. Advocacy, the means by which a barrister puts their client’s case to the court and jury, has grown piecemeal and at an uneven pace; the result of a complex interplay of many influences. Andrew Watson examines the numerous principal factors, from the effect on juniors of successful styles deployed by senior advocates, changes in court procedure, reforms in laws determining who and what may be put before courts, the amount of media reporting of court cases, and public and press opinion about the acceptable limits of advocates’ tactics and oratory. This book also explores the extent to which juries are used in trials and the social origins of those serving on them. It goes on to examine the formal teaching of advocacy which was only introduced comparatively recently, arguing that this, and new technology, will likely exert a strong influence on future forensic oratory.

Speaking in Court provides a readable history of advocacy and the many factors that have shaped it, and takes a far wider view of the history of advocacy than many titles, analysing the 20th Century developments which are often overlooked. This book will be of interest to general readers, law practitioners interested in how advocacy has developed in courts of yesteryear, teachers of advocacy who want to locate there subject in history and impart this to their students, and to law students curious about the origins of what they are learning.  

ABOUT THE AUTHOR

Andrew Watson is Lecturer at Sheffield Hallam University, UK. Before then he practiced as a solicitor and as a barrister during which time he acted as an advocate and appeared at all levels of courts. He was also a visiting lecturer on Advocacy Training Workshops at Harvard Law School from 1998-2003 and was an Assistant Professor at Niigata University in Japan from 1993-1995.

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BOOK: "Crime, Courtrooms and the Public Sphere in Britain, 1700-1850", edited by David Lemmings

Crime, Courtrooms and the Public Sphere in Britain, 1700-1850, edited by David Lemmings,  University of Adelaide, Australia

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Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. 

This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ‘lawyerization’, but rather partly relocated to the ‘public sphere’ of the press, partly because of some changes connected with the work of the lawyers.

Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ‘majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ‘long eighteenth century'.

David Lemmings was born in London and educated at the Universities of Sussex, London and Oxford before coming to Australia as a Research Fellow of the University of Adelaide in 1987. He then moved to the University of Newcastle in 1990 where he became Head of the Department of History in 1998 and Associate Professor in History in 2000. In 2008, Professor Lemmings moved to the University of Adelaide where he is Professor of History and leader of the Change Program in the Australian Research Council Centre of Excellence for the History of Emotions