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Title: Origins of the Fifth Amendment: The Right Against Self-Incrimination by Leonard, W. Levy, Leonard Williams Levy ISBN: 1-56663-270-6 Publisher: Ivan R Dee, Inc. Pub. Date: September, 1999 Format: Paperback Volumes: 1 List Price(USD): $18.95 |
Average Customer Rating: 5 (1 review)
Rating: 5
Summary: More timely than ever
Comment: I read this in summer 2002 in its original 1969 hardcover (remaindered by a public library) and I am glad it's still available. Mr. Levy's book covers the period from Magna Carta to the drafting of the U.S. Constitution, and reveals that all the criminal rights we take for granted didn't spring full-grown from the Founding Fathers' heads but evolved through 500 years of common law. (The Founding Fathers did capture it in written, not just traditional common law, however). The right against self-incrimination, to not be compelled to testify against yourself, to be informed of the nature and cause of accusations against you, the rule of law over government itself -- all developed long before our Revolution and were well-rooted in England by the 16th Century.
Mr. Levy tells a vivid story, peopled with mighty figures like John Lilburne, the Puritan who faced down the Court of Star Chamber, and Sir Edward Coke, a jurist of that time who could declare to an arbitrary king that "Magna Charta is such a fellow that he will have no sovereign."
Mr. Levy also gives us a sense of how unique the Anglo-American common law -- the evolution of law built on cases, not just statutes -- is compared to its Roman and Napoleonic counterparts on the European continent. I read this before beginning law school in fall 2002 and this book was considerably helpful in Crim. Law and Crim. Procedure, where the Fourth, Fifth and Sixth Amendments suffuse police and criminal process in the U.S.
Ordinary people, not just lawyers, will find this book timely given the current trend to brush off this longstanding heritage in the name of temporary wartime security. It's good to read of the deep roots of our law, and of its barrier between the individual and arbitrary official power.
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Title: The Constitution and Criminal Procedure: First Principles by Akhil Reed Amar ISBN: 0300074883 Publisher: Yale Univ Pr Pub. Date: April, 1998 List Price(USD): $19.00 |
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Title: Origins of the Bill of Rights by Leonard Williams Levy ISBN: 0300089015 Publisher: Yale Univ Pr Pub. Date: 01 March, 2001 List Price(USD): $15.95 |
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Title: Original Intent and the Framers' Constitution by Leonard Levy, Leonard Williams Levy ISBN: 1566633125 Publisher: Ivan R Dee, Inc. Pub. Date: 01 September, 2000 List Price(USD): $24.90 |
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Title: All the Laws but One : Civil Liberties in Wartime by William H. Rehnquist ISBN: 0679767320 Publisher: Vintage Pub. Date: 04 January, 2000 List Price(USD): $14.00 |
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Title: Original Meanings : Politics and Ideas in the Making of the Constitution by Jack N. Rakove ISBN: 0679781218 Publisher: Vintage Pub. Date: 27 May, 1997 List Price(USD): $17.00 |
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