John Hostettler – författare

A brand new book by eminent legal biographer and historian John Hostettler. Hard on the heels of his acclaimed work with Richard Braby on Sir William Garrow, comes a further text on one of crime and punishments under-recorded and maybe unsung heroes. In eighteenth century continental Europe penal law was barbaric. Gallows were a regular feature of the landscape, branding and mutilation common and there existed the ghastly spectacle of men being broken on the wheel. To make matters worse, people were often tortured or put to death for minor crimes (sometimes both) and often without any trial at all. Like a bombshell, a book entitled On Crimes and Punishments, exploded onto the scene in 1764 with shattering effect. Its author was a young nobleman named Cesare Beccaria (1738-1794). A central message of that - now classic - work were that such punishments were part of 'a war of nations against their citizens' and should be abolished. It was a cri de coeur for thorough reform of the law affecting punishments and it swept across the continent of Europe like wildfire, being adopted by one ruler after another.It even crossed the Atlantic to the new United States of America, in the hands of Thomas Jefferson. In a wonderful sentence which concludes Beccaria's book, he sums up matters as follows: 'In order that every punishment may not be an act of violence, committed by one man or by many against a single individual, it ought to be above all things public, speedy, necessary, the least possible in the given circumstances, proportioned to its crime [and] dictated by the laws'. A welcome addition to the Waterside Press list of biographical and historical works, this new book on Cesare Beccaria - targeted to highlight matters of both universal and current relevance - will be of considerable interest to anyone wishing to trace the development of the rights of individuals charged with or convicted of crimes, and of the importance of fairness, proportionality, decency and similar matters which may be at-risk in the wrong hands. Civilising penal law remains a topical issue but it began with the subject of this work.

Every lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ‘Golden thread of English law’ whereby the burden of proof lies with the prosecutor in a criminal trial. But who was Woolmington and how many people know that he escaped the death penalty at the eleventh hour, or that he was in fact twice tried for murder? ‘Lords give man back his life’ as the Western Gazette put it. In the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would determine that ‘the categories of negligence are never closed’? And how did the tranquil market town of Wednesbury become shorthand for ‘unreasonableness’?In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the less well-known background to a selection of leading cases. From Mareva (synonymous with a type of injunction) to Lord Denning’s classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of newcomers, students and seasoned practitioners alike.The book has an authoritative introduction describing ‘The Origins of the Common Law’ and is enhanced by key extracts from the law reports reproduced courtesy of the Incorporated Council of Law Reporting for England and Wales and the Butterworths Division of Reed Elsevier (UK) Ltd — making it not just an absorbing read but an important work of reference for every legal library and collection.

Hanging in the Balance traces the history of capital punishment in the United Kingdom from ancient times to the modern day-through periods of reform until hanging for murder was finally abolished by Parliament in 1969. It describes in detail the Parliamentary and public debates, and notes the stance taken by organizations and individuals (including the tenacious and persistent Sydney Silverman MP). The book collates data and references not previously brought together in one place - and in exploring the underlying issues and the recurring arguments about deterrence, retribution and expediency it provides an invaluable resource vis-a-vis the same debate in the many countries where capital punishment still exists. Lord Callaghan was home secretary at the time of abolition. His Foreword conveys how strong his personal feelings were concerning the death penalty from the time he entered Parliament in 1945. The book's closing chapters record how his insistence that abolition should become permanent ultimately overcame the still considerable opposition. Capital punishment was finally abolished in 1999 throughout the UK.For all practical purposes this had already happened in 1969 when the Murder (Abolition of Death Penalty) Act 1965 was made fully effective into following a trial period. 'A masterwork': Justice of the Peace

Linking past and present, John Hostettler conveys the unique nature of the jury, and its central role in the administration of justice — but above all its importance as ‘a thing of the people’ and a barrier to manipulation and abuse of power. The Criminal Jury Old and New will be of interest to practitioners, collectors, students, researchers, libraries, colleges and general readers alike.

This book shows how adversary trial evolved in England only in the 18th century. Its origins and significance have tended to go unrecognised by judges, lawyers, jurists and researchers until relatively modern times when conflict has become a key social issue. Even now, there is a major dispute as to how and why adversary trial came into existence and little connection has been made with its contribution to the genesis of many rules of evidence and procedure and the modern-day doctrine of human rights - whereby citizens are able to take a stand against the power of the state or vested interests. John Hostettler sets the record straight. John Hostettler is an eminent commentator on criminal justice and its history. In this book he focuses not only on the birth and meaning of adversary trial but also on the historic central role of the lawyer and advocate Sir William Garrow Hostettler assesses how deep-rooted is the notion of opposing parties in the common law, the English psyche and thus within other countries such as the USA that have followed the same model - whereby lawyers champion opposing causes.One aim of the book is to provide an aid to understanding of present-day moves for reform in the direction of restorative methods by outlining the contribution that adversary trial has made to the development of common law systems. 'Interestingly characterises the emergence of adversary trial, in which defence counsel is allowed to cross-examine the prosecution, as the genesis of a recognisably modern human rights culture, which has subsequently expanded across the developed world': Thames View

Among a wealth of topics this book looks at the Rule of Law, the development of the criminal courts, police forces, jury, justices of the peace and individual crimes and punishments. It locates all the iconic events of criminal justice history and law reform within a wider background and context - demonstrating a wealth and depth of knowledge.

As King’s Counsel he was involved in many celebrated trials, including the prosecution of John Horne Took for high treason and of Queen ­Caroline for adultery. His other notable achievements include the defence of Thomas Paine’s Rights of Man, which cost him the post of Attorney-General to the Prince of Wales. He also served as Member of Parliament for Portsmouth and for one year as Lord Chancellor. Latterly the First Baron Erskine, this absorbing book covers his rise to prominence and distinguished career at the Bar of England and Wales.

Champions of the Rule of Law looks at a fundamental pillar of all true systems of justice. The book describes how the idea of such a rule came about in England and how it has been preserved and defended in the face of attempts to circumvent it. Standing at the heart of all matters of justice, the Rule of Law holds, in short, that the law applies in equal measure to everyone. No-one is above the law and power can only be exercised under it. The rule lies at the very core of liberal democracy. Events in both modern times and across legal history demonstrate the sometimes precarious nature of the rule and the necessity for ‘champions’ prepared to uphold it — and whilst the need for it may seem obvious on any balanced view of how justice should be dispensed, its central importance to justice is by no means intuitive to everyone. This means that it will always be imperative to re-iterate its purpose, the argu­ments behind it and the mechanisms which safeguard and protect it.Whenever the Rule of Law falls under threat, whether due to ignorance, claims to special treatment, misguided understanding, manipulation or lack of due process, there is a need for people of the calibre described in this book to step forward. The book will be of interest to lawyers, historians and students as well as general readers seeking reassurance about the workings of justice.

Sir William Garrow was born in Middlesex in 1760 and called to the Bar in 1783. He was the dominant figure at the Old Bailey from 1783 to 1793, later becoming an MP, Solicitor-General, Attorney-General and finally a judge and lawmaker within the Common Law Tradition. Garrow is now in the public-eye for daring to challenge entrenched legal ways and means. His 'gifts to the world' include altering the relationship between judge and jury (the former had until then dominated over the latter in criminal trials), helping to forge the presumption of innocence, rules of evidence and ensuring a general right to put forward a defence using a trained lawyer. He gave new meaning to the trial advocate's forensic art of cross-examination, later diverting skills honed as a radical to help the Crown when it was faced with alleged plots, treason and sedition. This is a generous work in which well-known legal historian and biographer John Hostettler and family story-teller Richard Braby (a descendant of Garrow) combine their skills and experience to produce a gem of a book.The lost story of Sir William Garrow and its rediscovery will prove enlightening for professional and general readers alike and provide an invaluable 'missing-link' for legal and social historians. It is also a remarkable work of genealogical research which will register strongly with family historians.

This new book also shows how a proud tradition of opposition in the face of abuse of power, repression, oppression or simply inertia of the part of the state has, ultimately, led to many positive changes. Sometimes these quite legitimate outcomes might not have been achieved but for the actions of the few, those who were prepared to stand out against such things as injustice, inequality, corruption, state-sponsored villainy or worse. This book also demonstrates how at different times in British history the state has reacted in different ways to perceived 'trouble causers', including in some instances by the use of extreme forms of violence, censorship and punishments. From the often questionable incidents of the past to the sometimes dubious workings of modern-day mechanisms for dealing with various forms of dissatisfaction, John Hostettler provides a first-rate account of such key matters as proportionality, citizen's rights, democratic processes and the ways in which these have been achieved or protected over the years. He also shows how the law itself has developed to protect people and to ensure public safety.

Takes the lid off the prime-time TV series. A must for lawyers and other viewers. For any of the five million people who saw the prime-time BBC series "Garrow's Law" this is an absorbing book. It is written by expert commentator John Hostettler who has studied Garrow extensively. The book uses the true facts on which the programme was based to compare drama and reality. In Part I he looks at the world in which the real life Garrow worked, marking out the main aspects of crime and punishment, which at the time operated primarily to deal with a troublesome but deprived and under-privileged strata of society: these unfortunates fed the conveyor belt to the courts, prisons and gallows. It was a world of few rights, effortless conviction, condemnation, draconian punishments and utter prejudice. This is the backdrop against which TV audiences were, in 2010, introduced to the story of the feisty individual who set out to change matters.Judicial order, procedural chaos and impudence in the face of authority fired the imagination of viewers as Garrow sought ever more ingenious ways of avoiding legal rules, such as those which prevented him from speaking directly to the jury, visiting a client in prison, or knowing the evidence in advance. In Part II, the author takes the reader through the cases portrayed in the TV series explaining their true origins and the jig-saw of facts, roles or events with which the scriptwriters wrestled in the interests of dramatic impact. The book explains the true facts underpinning the drama. He also explains how, in reality, the law had its own fictions - such as "pious perjury" - to prevent accused people from being completely subjugated by the legal system. "Garrow's Law" is a minor masterpiece in which the author brings his immense knowledge of his subject to bear in a highly readable and entertaining work that will be of interest to lawyers and general public alike. Review 'Easy to read and contains new material on William Garrow': Richard Braby, direct descendant and Garrow biographer.Author John Hostettler is one of the UK's leading biographers, having written over 20 biographies and other books on legal history. With Richard Braby, a descendant of Garrow, he was the author of the acclaimed and highly successful Sir William Garrow: His Life, Times and Fight for Justice. This and other works were instrumental in bringing Garrow 'in from the cold'. John Hostettler was filmed in this context for the boxed DVD set which accompanied the award-winning TV series. His new work opens up the stories behind "Garrow's Law" to a wider audience.

Based on actual (sometimes exclusive) materials, The Colour of Injustice raises questions about politics and the judiciary in post Second World War Northern Ireland. Describing parallel worlds of power and influence, this book - the first on the case - shows corruption at its most disturbing, justice at its most deficient. The case of Ian Hay Gordon involves a miscarriage of justice brought about in circumstances of privilege, patronage and the social and religious divides existing in Northern Ireland in the decades following World War II. It lifts the lid on a world in which institutions operated against a backdrop of behind-the-scenes influences and manipulation, in which nothing is what it seems due to hidden allegiances, walls of silence and a multitude of competing agendas spanning religious, sectarian and authoritarian interests. It is also a case in which despite the framing of an innocent man there was sufficient concern that he might not be guilty that a way had to be found to ensure that he did not end up on the gallows.Hence the twists, turns and manipulations of a tragic story that was to see a young and until then medically-fit RAF officer confined to a mental institution for a large part of his life. Behind this bizarre sequence of events sits the tragic death of Patricia Curran, the daughter of a High Court judge, killed in the grounds of their home (or was she murdered elsewhere?), a refusal to admit investigators to Glen House, Whiteabbey, Belfast where blood was many years later discovered beneath a carpet, delay in calling the police, private removal of the body, a knee-jerk arrest and other mysterious events surrounding a case in which no proper investigation of the crime scene or other potential suspects took place.

An entertaining diversion for lawyers and others, Twenty Famous Lawyers focuses on household names and high profile cases. Contains valuable insights into legal ways and means and looks at the challenges of advocacy, persuasion and the finest traditions of the law. With a backdrop of famous cases and personalities, Twenty Famous Lawyers is a kaleidoscope of information about the world of lawyers. To the fore are 20 individuals selected by John Hostettler as representative of those who have left their mark on legal developments. Ranging across countries, cultures and time these are people who helped raise (or in some cases lower) the law's values and standards. From high politics to human rights to legal loopholes, manipulation, pitfalls and downright trickery, the book is also a celebration of the contribution made by lawyers to society and democracy - often by those pushing boundaries or challenging injustice or convention. The book's 'supporting cast' includes such diverse personalities as Julius Caesar, Oscar Wilde, Gilbert and Sullivan, the Prince Regent and Lily Langtry.It covers trials for treason, murder, terrorism and even regicide, visiting courts from the Old Bailey to the Supreme Court of the USA to those of Ancient Rome. With chapters on: Clarence Darrow, Edward Carson, William Howe and Abraham Hummel, Matthew Hale, Marcus Cicero, Henry Brougham, John Adams, Helena Kennedy, Norman Birkett, Jeremy Bentham, Geoffrey Robertson, Abraham Lincoln, Edward Coke, Thomas Jefferson, Shami Chakrabati, James Fitzjames Stephen, Edward Marshall Hall, Gareth Peirce, Lord Denning and Cesare Beccaria. From the Text [Henry Brougham] first made a name...as a lawyer by his defence of the brothers John Hunt and John Leigh Hunt in two prosecutions for seditious libel in their newspaper, The Examiner. The first trial, on 22 January 1811, arose from an article entitled "One Thousand Lashes!!" which attacked flogging in the army. As William Cobbett had only recently been fined and sent to prison for two years for criticising army flogging in his Political Register the verdict against Hunt could hardly be in doubt. Nevertheless, Brougham secured a brilliant acquittal [after a speech] which was remarkable for "great ability, eloquence and manliness."

An account of the Lawyers who helped — over centuries — to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism.Champions of the Rule of Law looks at an overarching principle of English Law. It describes how a powerful and fundamental rule came about and how it has been preserved in the face of attempts to circumvent it. Standing at the heart of all matters of justice — and now exported to many parts of the world — the Rule of Law holds, in short, that the Law applies in equal measure to everyone. No matter how high, mighty or privileged someone may be, or whatever claim or allegation is being made, all those coming before it should always be treated in just the same way as anyone else will be.Events in both modern times and across legal History readily demonstrate the sometimes precarious nature of the rule and the need for ‘champions’ who are prepared to uphold and defend it—and whilst the need for such a rule may seem obvious on any balanced view of how justice should be dispensed, the central importance of the rule is by no means intuitive to some people. This means that there is always a need to re-iterate the purpose of the rule, the arguments behind it and to understand the mechanisms which safeguard and protect it.Whenever the Rule of Law does fall under threat, whether due to arrogance, claims to special treatment, misguided understandings, dubious explanations or lack of due process, there is a need for people of the calibre of those described in this book to step forward.Quite apart from the book’s interest for Lawyers, historians and students it will appeal to anyone seeking reassurance that justice is truly blind, fair, even-handed and accessible to all.With a Foreword by Lord Steyn.