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Excerpt from A Report of Some Proceedings on the Commission of Oyer and Terminer and Goal Delivery: For the Trial of the Rebels in the Year 1746 in the County of Surry, and of Other Crown Cases I now submit to Publick Censure a Report of a few Crown Cases which for the most Part have fallen within my own Observation, and in which I have taken some Share. What other Notes I have taken meerly for my own Use, are too crude and imperfect to admit of a Publication; and as I have neither Leisure nor Inclination to revise them, They will never see the Light. I have in this Report taken a larger Scope, and entered more fully into the State of many of the Cases and the Reasoning on them, than most of my Cotemporaries have done; and this hath drawn Me into a greater Length than They have allowed to themselves. Brevity I have endeavoured to consult as far as my Subject will admit of it. But the Affectation of Brevity at the Expence of Perspicuity can answer no valuable Purpose. Learned Men who have employed their Time in transmitting to Posterity with Accuracy, Precision and true Judgment an History of Cases of Weight and Difficulty falling within their own Experience, have been real Benefactors to the Publick; and their Memory is and ever will be treated with due Esteem. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Beginning in the 1950s, Edwin Wolf 2nd embarked on a biblio'l. quest to reconstruct the library of Benjamin Franklin, which was the largest & best private library in Amer. at the time of his death & was subsequently dispersed. The contents of Franklin's library were virtually unknown until Wolf identified the unique shelfmarks that Franklin used to organize his books. That discovery allowed Wolf to locate 2,700 titles in 1,000 vols. that Franklin actually owned. Wolf also identified a further 700 titles owned by Franklin. After wolf's death, Kevin Hayes took up the project & brought it to fruition. This catalogue includes almost 4,000 books known to have been owned by Franklin, & the Intro. tells the complete story of Franklin's library, its dispersal, & its reconstruction.
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.
A huge work of reference. A fresh perspective on a crucial time for courts, policing and punishment. Shows how individuals, concerned parties and vested interests drove many of the era's developments. A colourful account, which captures the essence of the period. Running to nearly 700 pages, this comprehensive work on the development of summary jurisdiction, early policing and the emergence of London's embryonic modern criminal justice system looks at every aspect of these topics from numerous perspectives and across the eighteenth century. The 'whores' and 'highwaymen' of Gregory Durston's title are just some of the dubious characters met within this absorbing work, including thief-takers, trading justices, an upstart legal profession whose lower orders developed various ways to line their own pockets and magistrates and clerks who often preferred dealing with those cases which attracted fees. The book shows how little was planned by government or the authorities, and how much sprang up due to the efforts of individuals-so that the origins of social control, particularly at a local level, had much to do with personal ideas of morality, class boundaries and perceived threats, serious and otherwise. Based on news reports, Old Bailey and local archives, and other solid records the book weaves a compelling picture of a critical time in English history, through the voices of contemporary observers as well as the best of writings by experts ever since. At its broadest point, the book spans the period from the Glorious Revolution to the early 1820s. It falls into three parts: Crime and the Metropolis-including Metropolitan crime, attitudes to crime and policing, explanations for crime, and criminal law and procedure. Policing-including policing the metropolis, constables, the watch, beadles, the role of the military, and the detection of crime. Justice-including the magistracy and its work, ways of prosecution, trial in the lower and higher courts, and the penal regimes of the day. Whores and Highwaymen concentrates on the Metropolis but also compares other parts of England and Wales. Author Gregory Durston MA, DipL, LLM, PhD, of the Middle Temple and Lincoln's Inn, Barrister, studied history for his first degree before turning to the law. He is currently Reader in Law at Kingston University.