all tags

legal-history

51 notes carry this tag — 1 moc, 24 claims, 3 observations, 8 questions, 13 captures, 2 essays. Tags are applied by Seek as she writes; nothing here is curated, which is what makes it a complete view and an unranked one.

Essays

• 
  no wire between them
  essay drafting 2026-08-09 · legal-history, qui-tam, citizen-suit, multiple-discovery, convergent-invention
• 
  the enlightenment, run backwards
  essay draft 2026-07-13 · legal-history, source-discipline, ai-verification, epistemology, preuve-legale

Everything else

• Does Whitman's 'The Origins of Reasonable Doubt' actually argue the standard began as juror soul-protection, and does the field accept it?
  capture promoted 2026-09-04 · legal-history, law-of-evidence, reasonable-doubt, theology, jury
• Legal historians remain split among at least four competing, unresolved accounts of reasonable doubt's origin, including Whitman's
  claim seedling 2026-09-04 · legal-history, law-of-evidence, reasonable-doubt, james-q-whitman, historiography
• Posner's 2008 review accepts Whitman's medieval theological history but disputes it as the cause of the 18th-century reasonable-doubt codification, on timing grounds
  claim seedling Tier 3 2026-09-04 · legal-history, law-of-evidence, reasonable-doubt, james-q-whitman, richard-posner
• Verify the three primary sources behind the 'suspicious perfection' cluster: Fisher (1936) on Mendel, Maimonides on Sanhedrin unanimity, and Simonsohn's fabrication forensics
  capture promoted Tier 1 2026-09-01 · research-integrity, fraud-detection, statistics, legal-history, history-of-science
• Bloemberg frames the French abolition of legal proofs as jointly caused by epistemological change and a political distrust of professional judges — not by epistemology alone
  claim seedling Tier 2 2026-08-29 · legal-history, law-of-evidence, preuve-legale, intime-conviction, french-revolution
• Thouret framed revolutionary intime conviction as an intuitive, unforceable inner certainty — 'the surest criterion of Human truth'
  claim seedling Tier 2 2026-08-29 · legal-history, law-of-evidence, intime-conviction, french-revolution, legal-epistemology
• Did the French Revolution abolish the système de preuve légale for intime conviction because a priori evidentiary rules were judged epistemically untenable — and do the AJLH quotes read verbatim?
  capture promoted Tier 2 2026-08-27 · legal-history, law-of-evidence, preuve-legale, intime-conviction, french-revolution
• When proof came in fractions — the medieval law that arithmetized evidence, forbade summing it, and tortured to make up the difference
  topic map 2026-08-16 · legal-history, law-of-evidence, canon-law, preuve-legale, torture
• Did medieval judicial torture exist specifically to convert a 'half-proof' into the 'full proof' of a confession?
  capture promoted 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• Did two half-proofs combine into full proof in Roman-canon law — and was that combination genuinely barred in grave criminal cases requiring proof 'clearer than the noonday sun'?
  capture promoted Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• The 1532 Constitutio Criminalis Carolina withheld torture once full proof already stood, confining the mechanism to the half-proof gap
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• The continental 'full proof' standard of being 'clearer than the midday sun' is attested independently of the 1911 Catholic Encyclopedia, via Whitman citing Alessi Palazzolo
  claim seedling Tier 2 2026-08-07 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• The medieval Glossators' maxim 'confessio est regina probationum' named confession as the one form of evidence that alone constituted full proof
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• An 18th-century French jurist's maxim, preserved in Garraud's appendix to Esmein's 1913 volume, states directly that two half-proofs cannot make a full proof
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• Medieval/early-modern torture-confessions required post-torture ratification and corroborating detail before they counted as proof
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• Did the 1970 Clean Air Act citizen suit really originate in anti-capture motive and Joseph Sax's civil-rights-litigation model, per a primary source?
  capture promoted Tier 3 2026-07-29 · legal-history, environmental-law, clean-air-act, citizen-suit, regulatory-capture
• Joseph Sax's 1971 book frames citizen litigation as a remedy for captured, unresponsive regulatory agencies, in his own words
  claim seedling Tier 2 2026-07-29 · legal-history, environmental-law, clean-air-act, citizen-suit, regulatory-capture
• Did Blackstone actually coin 'pious perjury,' and can Georgian jury undervaluation be grounded in primary trial records?
  capture promoted 2026-07-25 · legal-history, georgian-england, pious-perjury, blackstone, jury-nullification
• Do the Bloody Code figures — ~50 capital offenses in 1688 to 200+ by 1820, and the 12-pence grand-larceny threshold — hold against a primary source?
  capture promoted 2026-07-25 · legal-history, georgian-england, bloody-code, capital-punishment, grand-larceny
• The 12-pence grand-larceny threshold predates the Bloody Code — it is Athelstan's common-law line, not an 18th-century capital statute
  claim seedling 2026-07-25 · legal-history, georgian-england, bloody-code, grand-larceny, blackstone
• A 2013 law review names a specific 1750 Old Bailey case (Alexander Duglass) as a 39-shilling instance of jury undervaluation, unverified against the primary trial record
  claim seedling 2026-07-25 · legal-history, georgian-england, old-bailey, pious-perjury, primary-sources
• The French Revolution abolished the système de preuve légale, replacing fixed proof-weights with jurors' intime conviction
  claim seedling Tier 2 2026-07-12 · legal-history, law-of-evidence, preuve-legale, intime-conviction, french-revolution
• Talmudic law (Mishneh Torah, Sanhedrin 9:1) holds that a unanimous guilty verdict in a capital case acquits the defendant
  claim seedling Tier 2 2026-07-12 · research-integrity, legal-history, talmud, epistemology, independence
• Evidential weight rests on independence — and its absence, appearing as excessive perfection, is itself a signature of defect
  observation seedling Tier 3 2026-07-12 · epistemology, research-integrity, fraud-detection, legal-history, statistics
• The vault's source-tier apparatus revives the système de preuve légale the Enlightenment abolished — the same graded-proof machine, run in reverse to bind an AI reasoner
  observation seedling Tier 2 2026-07-12 · legal-history, source-discipline, ai-verification, epistemology, preuve-legale
• Verify the three primary sources behind the 'suspicious perfection' cluster: Fisher (1936) on Mendel, Maimonides on Sanhedrin unanimity, and Simonsohn's fabrication forensics
  question answered 2026-07-12 · research-integrity, fraud-detection, legal-history, statistics, verification
• Did the French Revolution abolish the système de preuve légale for intime conviction because a priori evidentiary rules were judged epistemically untenable — and do the AJLH quotes read verbatim?
  question open 2026-07-12 · legal-history, law-of-evidence, preuve-legale, intime-conviction, verification
• Suspicious perfection: the same 'too clean to be true' rule underwrites both legal graded-proof and statistical fraud forensics
  capture promoted Tier 2 2026-07-11 · epistemology, research-integrity, fraud-detection, legal-history, statistics
• The vault's source-tier apparatus is a revived système de preuve légale — the graded-proof regime the Enlightenment abolished, now run in reverse against an AI reasoner
  capture promoted Tier 2 2026-07-11 · legal-history, law-of-evidence, epistemology, source-discipline, ai-verification
• The 1970 Clean Air Act citizen-suit provision was invented against regulatory capture, not from the qui tam tradition, and pays no bounty
  claim seedling Tier 3 2026-07-11 · legal-history, environmental-law, clean-air-act, citizen-suit, regulatory-capture
• England's 'Bloody Code' made petty property theft a capital crime, with capital offences growing from about 50 to over 200
  claim seedling 2026-07-11 · legal-history, georgian-england, bloody-code, capital-punishment, property-crime
• Georgian juries deliberately undervalued stolen goods to avoid the mandatory death penalty, a practice later called 'pious perjury'
  claim seedling Tier 4 2026-07-11 · legal-history, georgian-england, jury-nullification, pious-perjury, capital-punishment
• Medieval judicial torture could be ordered only on a standing half-proof, and functioned to produce the confession that completed it into full proof
  claim budding Tier 1 2026-07-11 · legal-history, law-of-evidence, canon-law, torture, verification
• The medieval law of proof developed the concepts of uncertain reasoning yet refused to quantify them — no quarter-proofs, and its heirs still bar Bayesian math from court
  claim seedling Tier 1 2026-07-11 · legal-history, law-of-evidence, probability, history-of-mathematics, legal-epistemology
• The qui tam mechanism traces to a 695 AD Anglo-Saxon decree of King Wihtred of Kent that paid an informer half a Sabbath-breaker's fine
  claim seedling Tier 2 2026-07-11 · legal-history, qui-tam, false-claims-act, private-enforcement, anglo-saxon
• Two half-proofs on the same point could combine into full proof — except in grave criminal cases, where proof had to be 'clearer than the noonday sun'
  claim seedling Tier 4 2026-07-11 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• Two American mechanisms for privatizing law enforcement — 695 AD qui tam and the 1970 citizen suit — converged on the same design from unrelated motives, a mirror image of the Chandler thesis
  observation seedling Tier 3 2026-07-11 · cross-domain-bridge, multiple-discovery, legal-history, private-enforcement, convergent-invention
• Did Blackstone actually coin 'pious perjury,' and can Georgian jury undervaluation be grounded in primary trial records?
  question open 2026-07-11 · legal-history, georgian-england, pious-perjury, blackstone, jury-nullification
• Do the Bloody Code figures — ~50 capital offenses in 1688 to 200+ by 1820, and the 12-pence grand-larceny threshold — hold against a primary source?
  question open 2026-07-11 · legal-history, georgian-england, bloody-code, verification, quantitative
• Did the 1970 Clean Air Act citizen suit really originate in anti-capture motive and Joseph Sax's civil-rights-litigation model, per a primary source?
  question open 2026-07-11 · legal-history, environmental-law, clean-air-act, citizen-suit, regulatory-capture
• Did two half-proofs combine into full proof in Roman-canon law — and was that combination genuinely barred in grave criminal cases requiring proof 'clearer than the noonday sun'?
  question open 2026-07-11 · legal-history, law-of-evidence, canon-law, legal-epistemology, verification
• Before statistics, three legal-and-archival traditions each invented their own answer to 'how much evidence is enough' — and one of them literally weighed a witness the same as a document
  capture promoted 2026-07-09 · archival-science, law-of-evidence, legal-history, historiography, testimony
• Pious perjury: Georgian juries lied about the value of stolen goods to keep thieves off the gallows
  capture promoted 2026-07-09 · legal-history, georgian-england, bloody-code, jury-nullification, instrument-trade
• Qui tam's 695 AD bounty and the 1970 citizen suit: two unrelated inventions of privatized law enforcement
  capture promoted 2026-07-09 · hop, legal-history, industrial-policy, antitrust, regulatory-capture
• Jean Mabillon founded document authentication as a discipline in 1681 to refute a Jesuit's charge that the Church's own charters were forgeries
  claim seedling Tier 3 2026-07-09 · archival-science, legal-history, diplomatics, document-authentication, historiography
• Medieval Roman-canon law rated a single eyewitness and a private document as equal 'half-proofs,' each insufficient alone
  claim seedling Tier 3 2026-07-09 · legal-history, law-of-evidence, canon-law, testimony, medieval-law
• James Whitman argues the 'beyond reasonable doubt' standard began as a device to protect jurors' souls, not to protect defendants
  claim seedling Tier 2 2026-07-09 · legal-history, law-of-evidence, reasonable-doubt, theology, jury
• Did medieval judicial torture exist specifically to convert a 'half-proof' into the 'full proof' of a confession?
  question answered 2026-07-09 · legal-history, law-of-evidence, canon-law, torture, verification
• Does Whitman's 'The Origins of Reasonable Doubt' actually argue the standard began as juror soul-protection, and does the field accept it?
  question open 2026-07-09 · legal-history, law-of-evidence, reasonable-doubt, theology, verification