This volume includes the complete text of the third edition of 1739.

Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages.

Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality.

This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.

The University of Chicago Readings in Western Civilization (nine volumes) makes available to students and teachers a unique selection of primary documents, many in new translations. These readings, prepared for the highly praised Western civilization sequence at the University of Chicago, were chosen by an outstanding group of scholars whose experience teaching that course spans almost four decades. Each volume includes rarely anthologized selections as well as standard, more familiar texts; a bibliography of recommended parallel readings; and introductions providing background for the selections. Beginning with Periclean Athens and concluding with twentieth-century Europe, these source materials enable teachers and students to explore a variety of critical approaches to important events and themes in Western history.

Individual volumes provide essential background reading for courses covering specific eras and periods. The complete nine-volume series is ideal for general courses in history and Western civilization sequences.