The Transformation of the American Civil Trial: The Silent Judge (original) (raw)

together with the members of the law school faculty workshops at George Washington University and at the University of Virginia, for their suggestions and comments. Scott Pagel, Librarian of George Washington University Law School, is owed thanks for his unstinting support. I am also grateful for the outstanding and unflagging research assistance of Steven Graines. 10. Id. 11. See id. 12. 5 JOHN HENRYWIGMORE, ATREATISE ON THE ANGLO-AMERICAN SYSTEM OF EVIDENCE IN TRIALS AT COMMON LAW § 2551, at 557 (2d ed. 1923). 13. Id. 14. Previously, regional differences had not been emphasized. Partly, this was because legal historians' work tended to focus on northern states, where records are better. An exception was a recognition of the importance of western states in the spread of the Field Code and codification generally. See, e.g., CHARLES M. COOK, THE AMERICAN CODIFICATION MOVEMENT: A STUDY OF ANTEBELLUM LEGAL REFORM (1981). Western legal history is beginning to get more attention. See, e.g., LAw FOR THE ELEPHANT, LAW FOR THE BEAVER: ESSAYS IN THE LEGAL HISTORY OF THE NORTH AMERICAN WEST (John McLaren et al. eds., 1992). Work on southern legal history tended to concentrate on one state at a time, making broader comparisons difficult. That, however, is also beginning to change. James Ely, Kermit Hall, James Bodenhamer, and Paul Finkelman have played important roles in encouraging work on the legal history of the South.