Bøker av James Fitzjames Stephen

"Probably the Best Modern History of a Particular Branch of English Law""When it appeared in 1883 it was probably the best modern history of a particular branch of English law that had yet appeared in England. It won high praise from Pollock and Maitland. English criminal law, they said, will be fortunate in its historians, 'for it will fall into the hands of Matthew Hale and Fitzjames Stephen.' Though the more intensive study of the earlier history of our law has rendered some parts of it obsolete, it is still the best history of the later stages of the law. And it has another merit which it can never lose. The fact that its author was a practising lawyer and a judge, gives to his account of many parts of the law, and especially to his analysis of famous trials, the reality and vividness which comes of practical experience."-William S. Holdsworth, The Historians of Anglo-American Law 78.Sir James Fitzjames Stephen [1829-1894] was a distinguished and influential lawyer, judge, writer and law reformer. When he was the legal member of the Imperial Legislative Council in India, he drafted twelve acts and eight other enactments. Most of these, such as the Indian Evidence Act, are in force today. His 1878 Digest of Criminal Law, a codification, though never adopted in Great Britain, was the basis of the criminal codes of Canada, New Zealand and several colonies of Australia. Also a philosopher, he was a leading critic of John Stuart Mill.xii, 499 pp.

Published in 1883, this three-volume account was the first scholarly historical survey of English criminal law's development from the thirteenth century. A classic work, it covers the different courts exercising criminal jurisdiction, procedure in criminal cases, punishments, criminal responsibility, the classification of different types of offence, and specific criminal offences.

This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. We have represented this book in the same form as it was first published. Hence any marks seen are left intentionally to preserve its true nature.

James Fitzjames Stephens argues against the philosophical and social views advanced by John Stuart Mill: for the author, Mill's ideas of equality, utilitarianism and freedom were anathema.The attitudes expressed by Stephens were unpopular at the time of publication: his arguments against the notions of democracy and freedom are rooted in traditionalism, in a time of great - and arguably irreversible - upheaval. Many of the criticisms against liberty, in particular its deleterious potential upon morals, accurately predict the liberalization of Western societies during the 20th century. Stephens other opinions, such as his opposition to women's rights, have been firmly consigned to history.While Stephens, and other thinkers like him, would fall out of favor, this work provides a stunning summation of contrarian arguments. Stephens was a conservatively-minded member of the British judiciary whose views closely correspond with elements of old-fashioned Toryism.

James Fitzjames Stephens argues against the philosophical and social views advanced by John Stuart Mill: for the author, Mill's ideas of equality, utilitarianism and freedom were anathema.The attitudes expressed by Stephens were unpopular at the time of publication: his arguments against the notions of democracy and freedom are rooted in traditionalism, in a time of great - and arguably irreversible - upheaval. Many of the criticisms against liberty, in particular its deleterious potential upon morals, accurately predict the liberalization of Western societies during the 20th century. Stephens other opinions, such as his opposition to women's rights, have been firmly consigned to history.While Stephens, and other thinkers like him, would fall out of favor, this work provides a stunning summation of contrarian arguments. Stephens was a conservatively-minded member of the British judiciary whose views closely correspond with elements of old-fashioned Toryism.

R. J. White's 1967 edition made Fitzjames Stephen's classic available for the first time since 1914. Stephen's work is written as a systematic denunciation of John Stuart Mill's political thought. It is thus of great importance in the history of Utilitarianism, and as the most forthright of the Victorian attacks on democracy.

This 1863 work aimed to provide a general account of the main principles of the English criminal justice system for the intelligent layman. This covers mens rea and the classification and definition of specific crimes, but focuses mainly on English criminal procedure and the rules of evidence in criminal law.