Re: Histories of Courtroom Procedure Especially Judges and Lawyers in Court

Hi John,

Sorry I am not figuring out how to get into/reply via H-Law at the moment so replying off line,, here are two suggestions that may be of interest.

Amalia Kessler, Inventing American Exceptionalism, has a lot about 19th century courtroom performance and adversarialism.

A book about 18th century England, but that might be interesting, is called The Bar and the Old Bailey (I think?).. has a lot on the invention of criminal defense advocacy and performance.

Re: Histories of Courtroom Procedure Especially Judges and Lawyers in Court

John,
There are reasonable descriptions of the work that a colonial lawyer would do at the beginning of multi-volume works, where editors set up what the collections do. Bear in mind that the paperwork being explained shows little of how it would be read or acted upon by a judge, but in passing, there are comments made about how lawyers and judges interacted.
L. Kinvin Wroth & Hiller Zobel, eds,. Legal Papers of John Adams
Edward Hanson and Neil York, eds, Papers of Robert Treat Paine

Histories of Courtroom Procedure Especially Judges and Lawyers in Court

Quick question from a colleague: I have a student who is interested in the history of courtroom procedure—more the performative aspect than the administrative one (though he is also interested in the “unwritten rules” of the judge-lawyer relationship). I want him to do some readings about the history of courts in the US so he can do some comparisons with the present. Do you have any suggestions for books (or articles) on the topic that would work well for an undergraduate?

 

Thanks,

John Wertheimer

William R. Kenan, Jr. Professor of History

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