LIBERATING HABEAS CORPUS

[...] the judges displayed a great deal of procedural ingenuity in recasting various legal devices. [...] the investigative and remedial style of the seventeenth- and eighteenth-century courts to whom such requests were made-eschewing broad pronouncements of law and seeking a pragmatic arrangement f...

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Bibliographic Details
Published in:Reviews in American history 2011-09, Vol.39 (3), p.395-400
Main Author: Freedman, Eric M.
Format: Article
Language:English
Subjects:
Habeas corpus
Judges & magistrates
Judicial reviews
Online Access:Get full text
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Summary:[...] the judges displayed a great deal of procedural ingenuity in recasting various legal devices. [...] the investigative and remedial style of the seventeenth- and eighteenth-century courts to whom such requests were made-eschewing broad pronouncements of law and seeking a pragmatic arrangement for the prompt release of the prisoner from whatever form of restraint was under challenge (pp. 116-17)-might have much to teach modern habeas courts.
ISSN:0048-7511
1080-6628
1080-6628
DOI:10.1353/rah.2011.0106