Torture and the Law of Proof Europe and England in the Ancien Régime
by John H. Langbein
University of Chicago Press, 2006
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
ABOUT THIS BOOKAUTHOR BIOGRAPHYREVIEWSTABLE OF CONTENTS

ABOUT THIS BOOK

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it.

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

John H. Langbein is the Sterling Professor of Law and Legal History at Yale University. He is the editor or author of several books, including, most recently, The Origins of Adversary Criminal Trial.

REVIEWS

“Like all good monographs, Torture and the Law of Proof not only does what it sets out to do well but points to new directions. It is a concise scholarly work that compares two legal systems with graceful ease and has provocative implications extending far beyond the sleazy world of rack, strappado, and thumb screw.”
— Charles Carlton, American Historical Review

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