By Edward J. Lopez
The Pursuit of Justice is a practical but hopeful research of the way the legislation works in perform instead of in conception. The multi-chapter dialogue acknowledges that call makers within the legislations - judges, legal professionals, juries, police, forensic specialists and extra - reply systematically to the motivation buildings with which they're confronted.
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Additional info for The Pursuit of Justice: Law and Economics of Legal Institutions
Sample text
C u r o t t a n d E dwa r d P. S t r i ng h a m was primarily concerned, in essence, if not in all of its aspects, with the protection of individual rights and private property (Benson 1990, 20). Infractions of the rules, which included provisions for many offenses that we now define as crimes, were treated as torts. Although some public offenses did exist in Anglo-Saxon society at this time, the law was primarily concerned with righting private wrongs. The laws treated homicide, rape, theft, and all manner of wounding in great detail, and since participation and enforcement relied upon voluntary cooperation, punishment of offenses was geared toward providing restitution to the victim.
If the court decided the case was valid and worthy of hearing, they would set a date of appointment and summon the defendant to appear. On the day of the hearing, the plaintiff began with what was called a fore oath, and then he would make his accusation in front of witnesses and the accused party. Usually, the defendant would then be allowed to establish his innocence by swearing an oath. ” Neither the defendant nor his compurgators were required to present any evidence to the court. For obvious reasons, therefore, accusations carried less weight than denials, which was established in custom as a basic principle of the law (Whitelock 1952, 140).
A plausible motivation for implementing these legal changes was the Norman kings’ desire to increase their income as much as possible. The elimination of restitution also removed the most important private benefit accruing from voluntary cooperation in the legal system. Consequently, individuals no longer had a strong enough incentive to perform their duties for the hundred and tithings. The Anglo-Saxon borh and tithing gave way to the Anglo-Norman system of frankpledge (Morris 1910). Under this new organization, the surety and policing functions were merged and made compulsory.