Crime, Procedure and Evidence in a Comparative and International Context
Essays in Honour of Professor Mirjan Damaska
1st Edition
Published on 29. September 2008
Book
Hardback
462 pages
978-1-84113-682-0 (ISBN)
Description
This book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaska 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaska's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions.
The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.
The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.
Reviews / Votes
...the editors are generally rewarded with contributions that address the common task: they thoughtfully and imaginatively engage with the themes of Damaska's work. The resulting breadth and richness of discussion represents an appropriate tribute to his influence in inspiring and provoking new lines of inquiry in comparative criminal process. Scholars of comparative evidence and procedure will welcome this book as an important and broad-ranging resource. They will need to reflect carefully upon the arguments raised and they will want their students to do the same. Stewart Field Criminal Law Review December 2009 Jackson, Langer and Tillers have accomplished a considerable feat in putting together a set of original and insightful papers that tease out many of the core themes of Damaska's work. Certainly, both the breadth and depth of the papers contained in this volume are a fitting tribute to him. Yet the end-product is also an excellent piece of scholarship in its own right; here we have an enlightening and engaging set of papers which will be of interest to criminal and evidence lawyers, as well as those with more general comparative interests. Jonathan Doak International Journal of Evidence and Proof 13 (3), 2009 It can be readily seen ... that this book contains much that touches on current debates in New Zealand and in particular will be of interest to those engaged in reviewing the performance of the Evidence Act of 2006...Honours and Masters students studying evidence or criminal procedure should be reading the relevant papers in this book. Bernard Robertson New Zealand Law Journal 2010, 122More details
Series
Edition
1st edition
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 231 mm
Width: 163 mm
Thickness: 33 mm
Weight
816 gr
ISBN-13
978-1-84113-682-0 (9781841136820)
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Schweitzer Classification
Other editions
Additional editions
John D. Jackson | Maximo Langer
Crime, Procedure and Evidence in a Comparative and International Context
Essays in Honour of Professor Mirjan Damaska
E-Book
09/2008
1st Edition
Hart Publishing
€122.99
Available for download
Persons
John Jackson is Professor of Law and Dean of University College Dublin, School of Law. Maximo Langer is Acting Professor of Law at the University of California, Los Angeles. Peter Tillers is Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University.
Content
1 Introduction: Damaska and Comparative Law John Jackson and Maximo Langer 2 Mirjan Damaska: A Bridge Between Legal Cultures Harold Hongju Koh I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants 3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure Thomas Weigend 4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body? William T Pizzi 5 Italian Criminal Procedure: A System Caught Between Two Traditions Luca Marafioti 6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy Stephen C Thaman 7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe Davor Krapac II Re-Exploring the Epistemological Environment 8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth Elisabetta Grande 9 Cognitive Strategies and Models of Fact-Finding Craig R Callen 10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology Peter Tillers III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime 11 Extraterritorial Jurisdiction: Applications to 'Terrorism' M Cherif Bassiouni 12 Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries John Jackson 13 Reflections on the 'Hybridisation' of Criminal Procedure Mireille Delmas-Marty 14 The Confrontation Right Across the Systemic Divide Richard D Friedman IV The Challenge for Comparative Scholarship 15 The Good Faith Acquisition of Stolen Art John Henry Merryman 16 Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence Paul Roberts 17 Utility and Truth in the Scholarship of Mirjan Damaska Ronald J Allen and Georgia N Alexakis 18 Sentencing and Comparative Law Theory Richard S Frase 19 No Right Answer? James Q Whitman Postscript 20 Anglo-American and Continental Systems: Marsupials and Mammals of the Law Richard O Lempert