A01=Charles M. Gray
A01=Eben Moglen
A01=John H. Langbein
A01=R. H. Helmholz
Author_Charles M. Gray
Author_Eben Moglen
Author_John H. Langbein
Author_R. H. Helmholz
Category=LAFC
Category=LNAA
Category=LND
Category=LNF
eq_isMigrated=1
eq_nobargain
Product details
- ISBN 9780226326603
- Weight: 567g
- Dimensions: 16 x 23mm
- Publication Date: 08 Jun 1997
- Publisher: The University of Chicago Press
- Publication City/Country: US
- Product Form: Hardback
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This is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences. The book seeks to uncover what the privilege meant in practice, and traces its history from its origins in the medieval period to its first appearance in English common law; and from its translation to the American colonies to its development into an effective protection for criminal defendants in the 19th century. The authors aim to show that the modern privilege, "the right to remain silent", is far from being a basic civil liberty. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This study seeks to provide a revision of our understanding of an important aspect of both criminal and constitutional law.
