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Table of Contents
Intro; Table of Cases; Table of Statutes; Statutory Instruments; Contents; 1: Introduction and Structure; 2: Distinguished Advocates, Judges, Classical Learning and Other Influences on Advocacy in the Eighteenth and Early Nineteenth Centuries; Ferocity and Bitterness; The Arrival of Eloquence; Classics and Rhetoric; Thomas Erskine, His Triumphs and the Morality of Advocacy; Romilly and Copley; Advocacy from Ireland; Jewish Members of the Legal Profession; William Blackstone, Literature and Poetry; More Firmer Shape of Stare Decisis
3: Prohibition Against Counsel in Felony Trials and the Consequences of its ErosionFox's Libel Act 1792, Defamation and Civil Juries in Scotland: Expanding the Scope for Advocacy; The Prisoners' Counsel Act; Features of Civil Trials; 4: Victorian Advocacy: Emotion, Melodrama, Floridity and Juries; Juries; Restrictions on the Extent of Forensic Licence; Judicial Limitations on the Licence of Advocates; Scenes in Court and Discourtesy; Important Changes in Procedure and Evidence Affecting Advocacy in Criminal Trials; The Removal of the 'Bloody Code' and Consequences for Advocacy
5: Signs of Changes in Styles Before JuriesAdvocates of Their Time; Signs of Change; 6: Decline of Jury Trials in the Civil and Criminal Courts and Other Key Developments; Summary Trials Before Magistrates and Their Consequences; Specialist Statutory Tribunals; The Judicature Acts 1873-1881 and Their Effects on Advocacy; 7: The Late Nineteenth Century and the Beginning of the Twentieth Century; Evidence Given by Prisoners and Its Effects; Rules About Opening Speeches; Expert Witnesses; Examination of Witnesses: A Much More Precise Art; More Documents and Lengthening Civil Trials
Decline of Classics and Other Former Influences8: A Spectacular Quartet of Leading Barristers; Edward Marshall Hall: A Contrasting Advocacy and Attachment to the Old; An Assessment of the Advocacy of the Four Leaders and the Influence They Exerted; 9: The Silent Revolution in Methods of Advocacy; Continued Decline of Jury Trials; Impact of Leading Members of the Bar; Sir Patrick Hastings and His Effect on Advocacy; Norman Birkett; Factors Influencing the Style of Advocacy That Became Established
10: Changes and Influences on Jury Advocacy in England and Wales During the Second Half of the Twentieth CenturyClosing Speeches and Perorations; Democratization of Juries; References and Quotations; Peremptory Challenges; Less Ferocity; Decline in Weight Given to Police Evidence; Plea Bargaining; Social Enquiry Reports and Pleas in Mitigation; Accommodating Key Changes in Law and Procedure; Heavy Drinking and Boredom; More Hastings Than Birkett?; Advocacy in Defamation Cases: A Remnant of an Earlier Age?; Further Considerations
3: Prohibition Against Counsel in Felony Trials and the Consequences of its ErosionFox's Libel Act 1792, Defamation and Civil Juries in Scotland: Expanding the Scope for Advocacy; The Prisoners' Counsel Act; Features of Civil Trials; 4: Victorian Advocacy: Emotion, Melodrama, Floridity and Juries; Juries; Restrictions on the Extent of Forensic Licence; Judicial Limitations on the Licence of Advocates; Scenes in Court and Discourtesy; Important Changes in Procedure and Evidence Affecting Advocacy in Criminal Trials; The Removal of the 'Bloody Code' and Consequences for Advocacy
5: Signs of Changes in Styles Before JuriesAdvocates of Their Time; Signs of Change; 6: Decline of Jury Trials in the Civil and Criminal Courts and Other Key Developments; Summary Trials Before Magistrates and Their Consequences; Specialist Statutory Tribunals; The Judicature Acts 1873-1881 and Their Effects on Advocacy; 7: The Late Nineteenth Century and the Beginning of the Twentieth Century; Evidence Given by Prisoners and Its Effects; Rules About Opening Speeches; Expert Witnesses; Examination of Witnesses: A Much More Precise Art; More Documents and Lengthening Civil Trials
Decline of Classics and Other Former Influences8: A Spectacular Quartet of Leading Barristers; Edward Marshall Hall: A Contrasting Advocacy and Attachment to the Old; An Assessment of the Advocacy of the Four Leaders and the Influence They Exerted; 9: The Silent Revolution in Methods of Advocacy; Continued Decline of Jury Trials; Impact of Leading Members of the Bar; Sir Patrick Hastings and His Effect on Advocacy; Norman Birkett; Factors Influencing the Style of Advocacy That Became Established
10: Changes and Influences on Jury Advocacy in England and Wales During the Second Half of the Twentieth CenturyClosing Speeches and Perorations; Democratization of Juries; References and Quotations; Peremptory Challenges; Less Ferocity; Decline in Weight Given to Police Evidence; Plea Bargaining; Social Enquiry Reports and Pleas in Mitigation; Accommodating Key Changes in Law and Procedure; Heavy Drinking and Boredom; More Hastings Than Birkett?; Advocacy in Defamation Cases: A Remnant of an Earlier Age?; Further Considerations