The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870

From the system of legal proofs to the free evaluation of the evidence

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This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
Copyright Year:
2020
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Published
ISBN:
978-90-04-41502-7
Publication:
25 May 2020
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Published
ISBN:
978-90-04-41501-0
Publication:
28 May 2020
Cover The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870

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Ronnie Bloemberg, PhD (2018), performed his PhD between 2014 and 2018 at the Rijksuniversiteit Groningen in the Netherlands. He has published several articles on the history of the criminal law of evidence in Dutch and international journals, and is currently working as a lawyer.
 Acknowledgements
 1Introduction
 1.1The Connection with the Criminal Justice System as a Whole
 1.2The Theoretical Framework
 1.3The Approach and Limitations
 1.4The Periodization
 1.5The Structure and Content of the Chapters

Part 1: The Theoretical Framework and the Development of the Criminal Law of Evidence in France and Germany


 2The Characteristics of the System of Legal Proofs
 2.1Introduction
 2.2The Abandonment of the Ordeal and the Development of the Inquisitorial Procedure
 2.3The Central Characteristics of the System of Legal Proofs
 2.4The Thesis of Langbein
 2.5Conclusion
 3The Theoretical Framework
 3.1Introduction
 3.2The Political-constitutional Discourse
 3.3The Epistemological Discourse
 3.4Conclusion
 4The Reform of the Criminal Law of Evidence in France 1750–1870
 4.1Introduction
 4.2The Regulation of the Criminal Law of Evidence in France until 1789
 4.3The Reform Discussion on the Criminal Law of Evidence between 1750 and 1789
 4.4The Discussions in the Constitutional Assembly (1789–1791)
 4.5The Development of the Criminal Law of Evidence between 1791 and 1814
 4.6The Criminal Law of Evidence between 1815 and 1848
 4.7Conclusion
 5The Development of the German Criminal Law of Evidence 1750–1870
 5.1Introduction
 5.21750–1812: The Abolition of Judicial Torture and the Start of the Reform Debate
 5.3The German Discussion between 1812 and 1848
 5.4The Discussion on the Criminal Law of Evidence between 1848 and the 1870s
 5.5Conclusion

Part 2: The Development of the Criminal Law of Evidence in the Netherlands 1750–1870


 6The Criminal Law of Evidence in the Dutch Republic between 1600 and 1795
 6.1Introduction
 6.2The Regulation of the Criminal Law of Evidence in the juridical Literature
 6.3The Practice of the Criminal Law of Evidence in the Dutch Republic
 6.4Conclusion
 7The Criminal Law of Evidence under Discussion: 1750–1795
 7.1Introduction
 7.2Criticisms on the Use of Judicial Torture 1600–1750
 7.3The Reform-literature between 1750 and 1795
 7.4Reforms of (criminal) Ordinances in the Second Half of the Eighteenth Century
 7.5Conclusion
 8The Criminal Law of Evidence in the Franco-Batavian Period 1795–1813
 8.1Introduction
 8.2The Reform of the Criminal Law of Evidence in the National Legislation 1795–1810
 8.3The Juridical Literature between 1795 and 1810
 8.4The Incorporation of the Netherlands into the French Empire 1810–1813
 8.5Conclusion
 9The Criminal Law of Evidence in the United Kingdom of the Netherlands 1813–1830
 9.1Introduction
 9.2The Development of the Discussion in the Juridical Literature between 1813 and 1830
 9.3The Attempts to Create New Substantive and Procedural Criminal Codes 1813–1830
 9.4The Consequences of the Belgian Separation from the Netherlands
 9.5Conclusion
 10The Criminal Law of Evidence in the Netherlands between 1838 and 1870
 10.1Introduction
 10.2The Discussion on the Criminal Law of Evidence between 1838 and 1860
 10.3The Discussion Regarding the Abolition of the Negative System of Legal Proofs in the 1860s
 10.4Changes in the Criminal Law of Evidence after 1870
 10.5Conclusion
 11Conclusion
 11.1Introduction
 11.2The Theoretical Framework
 11.3The Connection with the Criminal Justice System as a Whole
 11.4A Comparison between the Netherlands, France and Germany
 11.5The Developments in the Late Nineteenth and Twentieth Centuries
 Bibliography
 Index
All interested in the history of the criminal procedural law and the law of evidence, and anyone concerned with the history of epistemological and constitutional ideas in the 17th-19th centuries.
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