1994•Journal of Law and SocietyRequires access

The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law and Knowledge

Simon Jolly, Marianne Constable

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Abstract

The mixed jury doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.

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The mixed jury doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.

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OpenAlex reports 48 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

The mixed jury doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.

Key concepts: Citizenship, Jury, Law, Political science, Sociology, Politics

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