The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870 From the system of legal proofs to the ... of the evidence (Legal History Library, 32)

The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870: From the System of Legal Proofs to the Free Evaluation of the Evidence
Copyright
Contents
Acknowledgements
1 Introduction
	1.1 The Connection with the Criminal Justice System as a Whole
	1.2 The Theoretical Framework
	1.3 The Approach and Limitations
	1.4 The Periodization
	1.5 The Structure and Content of the Chapters
Part 1: The Theoretical Framework and the Development of the Criminal Law of Evidence in France and Germany
	2 The Characteristics of the System of Legal Proofs
		2.1 Introduction
		2.2 The Abandonment of the Ordeal and the Development of the Inquisitorial Procedure
		2.3 The Central Characteristics of the System of Legal Proofs
		2.4 The Thesis of Langbein
		2.5 Conclusion
	3 The Theoretical Framework
		3.1 Introduction
		3.2 The Political-constitutional Discourse
		3.3 The Epistemological Discourse
		3.4 Conclusion
	4 The Reform of the Criminal Law of Evidence in France 1750-1870
		4.1 Introduction
		4.2 The Regulation of the Criminal Law of Evidence in France until 1789
		4.3 The Reform Discussion on the Criminal Law of Evidence between 1750 and 1789
		4.4 The Discussions in the Constitutional Assembly (1789-1791)
		4.5 The Development of the Criminal Law of Evidence between 1791 and 1814
		4.6 The Criminal Law of Evidence between 1815 and 1848
		4.7 Conclusion
	5 The Development of the German Criminal Law of Evidence 1750-1870
		5.1 Introduction
		5.2 1750-1812 The Abolition of Judicial Torture and the Start of the Reform Debate
		5.3 The German Discussion between 1812 and 1848
		5.4 The Discussion on the Criminal Law of Evidence between 1848 and the 1870s
		5.5 Conclusion
Part 2: The Development of the Criminal Law of Evidence in the Netherlands 1750-1870
	6 The Criminal Law of Evidence in the Dutch Republic between 1600 and 1795
		6.1 Introduction
		6.2 The Regulation of the Criminal Law of Evidence in the Juridical Literature
		6.3 The Practice of the Criminal Law of Evidence in the Dutch Republic
		6.4 Conclusion
	7 The Criminal Law of Evidence under Discussion: 1750-1795
		7.1 Introduction
		7.2 Criticisms on the use of Judicial Torture 1600-1750
		7.3 The Reform-literature between 1750 and 1795
		7.4 Reforms of (criminal) Ordinances in the Second Half of the Eighteenth Century
		7.5 Conclusion
	8 The Criminal Law of Evidence in the Franco-Batavian Period 1795-1813
		8.1 Introduction
		8.2 The Reform of the Criminal Law of Evidence in National Legislation 1795-1810
		8.3 The Juridical Literature between 1795 and 1810
		8.4 The Incorporation of the Netherlands into the French Empire 1810-1813
		8.5 Conclusion
	9 The Criminal Law of Evidence in the United Kingdom of the Netherlands 1813-1830
		9.1 Introduction
		9.2 The Development of the Discussion in the Juridical Literature between 1813 and 1830
		9.3 The Attempts to Create New Substantive and Procedural Criminal Codes 1813-1830
		9.4 The Consequences of the Belgian Separation from the Netherlands
		9.5 Conclusion
	10 The Criminal Law of Evidence in the Netherlands between 1838 and 1870
		10.1 Introduction
		10.2 The Discussion on the Criminal Law of Evidence between 1838 and 1860
		10.3 The Discussion Regarding the Abolition of the Negative System of Legal Proofs in the 1860s
		10.4 Changes in the Criminal Law of Evidence after 1870
		10.5 Conclusion
	11 Conclusion
		11.1 Introduction
		11.2 The Theoretical Framework
		11.3 The Connection with the Criminal Justice System as a Whole
		11.4 A Comparison between the Netherlands, France and Germany
		11.5 Developments in the Late Nineteenth and Twentieth Centuries
Bibliography
Subject Index
Author Index