Книга: James Fitzjames Stephen «A Digest Of The Law Of Evidence»
Серия: "-" Книга представляет собой репринтное издание 1902 года (издательство "Hartford, Conn.: Dissell Pub. Co." ). Несмотря на то, что была проведена серьезная работа по восстановлению первоначального качества издания, на некоторых страницах могут обнаружиться небольшие" огрехи" :помарки, кляксы и т. п. Издательство: "Книга по Требованию" (1902)
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James Fitzjames Stephen
Sir James Fitzjames Stephen, 1st Baronet (3 March 1829 - 11 March 1894) was an English
Early life
Born in
Stephen was introduced by Maine into the Cambridge society known as
Law career
After leaving Cambridge, Fitzjames Stephen decided to go in into Law. He was
His legal career was a notable one. He was a member of the Viceregal Council and later Professor of Common Law at the
After his return from
For three years (1858–1861) Stephen served as secretary to a
Evidence Act
The Evidence Act of the same year was entirely Stephen's own. It consolidated the rules of judicial proof, and endeavoured to connect them by legislative authority with a logical theory of probability set forth in the act itself. This part of the act has been criticized, but it is characteristic of Stephen's anxiety never to shirk a difficulty. To some extent the Contract Act may be charged with similar over-ambition; but its more practical defects are evidently due to the acceptance by the original framers of unsatisfactory statements which, coming to India with a show of authority, naturally escaped minute criticism amid the varied business of the legislative department. Besides the special work of legislation, Stephen had to attend to the current administrative business of his department, often heavy enough to occupy the whole of an ordinary able man's attention, and he took his full share in the general deliberations of the viceroy's council. His last official act was the publication of a minute on the administration of justice which pointed the way to reforms not yet fully realized, and is still most valuable for every one who wishes to understand the judicial system of
Application of Indian laws
Indian experience had supplied Stephen with the motive for his next line of activity, which future historians of the common law may well regard as his most eminent title to remembrance. The government of India had been driven by the conditions of the Indian judicial system to recast a considerable part of the English law which had been informally imported. Criminal law procedure, and a good deal of commercial law, had been or were being put in a shape intelligible to civilian magistrates, and fairly within the comprehension of any intelligent man who would give a moderate amount of pains to mastering the text of the new codes. The rational substance of the law had been preserved, while the disorder and the excessive technicalities were removed. Why should not the same procedure be as practicable and profitable in England? It was
Judicial career
There were transient hopes of an Evidence Act being brought before Parliament, and in 1878 the Digest of Criminal Law became a
Personal life
He married Mary Richenda Cunningham on
Death and Legacy
Stephen's final years were undermined first by physical and then steady mental decline. Despite largely unfounded accusations of unfairness and bias regarding the murder trials of
Stephen died of chronic renal failure on 11 March 1894 at Red House Park, a nursing home near
He is the subject of the book "James Fitzjames Stephen: portrait of a Victorian rationalist" by Keith John Michael Smith.
An eleven-volume set of his collected writings is currently being prepared for
Works
*"General View of the Criminal Law of England" (1863)
* [http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=572 "Liberty, Equality, Fraternity"] (1873–1874)
*"History of the Criminal Law of England" (1883)
* [http://dlxs2.library.cornell.edu/cgi/t/text/text-idx?c=cdl;idno=cdl417 The story of Nuncomar and the impeachment of Sir Elijah Impey] Cornell University Library Historical Monographs Collection. {Reprinted by} [http://www.amazon.com/dp/1429741287/?tag=corneunivelib-20 Cornell University Library Digital Collections]
References
*1911
Источник: James Fitzjames Stephen
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