Cloth: 978-0-226-46806-8 | Paper: 978-0-226-46894-5 | Electronic: 978-0-226-92261-4
DOI: 10.7208/chicago/9780226922614.001.0001
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ABOUT THIS BOOK
The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
AUTHOR BIOGRAPHY
REVIEWS
TABLE OF CONTENTS
Preface to the Paperback Edition
Preface
Part 1. Europe: Judicial Torture
1. Torture and the Law of Proof
The Jurisprudence of Torture
The Origins of Judicial Torture
The Classical Critique of Judicial Torture
Abolition and the Fairy Tale
Note I. The Law of Torture
Note II. Torturing the Convicted
The Blood Sanctions
Medieval Imprisonment
The Galley Sentence
The Workhouse
Imprisonment
Transportation
Europe and England
Poena extraordinaria
Punishment without Full Proof
Carolina to Theresiana
The New Law of Proof in France
Why Poena Extraordinaria?
The Abolition Legislation
The Abolition Legend
Part 2. England: The Century of Torture 1540–1640
5. The Torture-Free Law of Proof
Peine Forte et Dure
The Jury Standard of Proof
Public Prosecution under the Tudors
6. The Torture Warrants 1540–1640
The Gerard Warrant
Venue
Modes of Torture
Commissioners to Torture
Preconditions for Torture
The Purposes of Torture
The Table of Warrants
The Prerogative?
The Reception?
The End of Torture
Abbreviations
Notes
Index