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Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaska: Studies in International and Comparative Criminal Law

Editat de Professor John D Jackson, Maximo Langer
en Limba Engleză Hardback – 28 sep 2008
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.
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Specificații

ISBN-13: 9781841136820
ISBN-10: 1841136824
Pagini: 462
Dimensiuni: 156 x 234 x 36 mm
Greutate: 0.82 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International and Comparative Criminal Law

Locul publicării:London, United Kingdom

Caracteristici

This book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority in the fields of comparative law, procedural law, evidence, international criminal law and continental legal history.

Notă biografică

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.

Cuprins

1 Introduction: Damaska and Comparative LawJohn Jackson and Máximo Langer2 Mirjan Damaska: A Bridge Between Legal CulturesHarold Hongju KohI Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal ProcedureThomas Weigend4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body?William T Pizzi5 Italian Criminal Procedure: A System Caught Between Two TraditionsLuca Marafioti6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial LegacyStephen C Thaman7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern EuropeDavor KrapacII Re-Exploring the Epistemological Environment 8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth Elisabetta Grande9 Cognitive Strategies and Models of Fact-Finding Craig R Callen10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-EpistemologyPeter TillersIII Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime11 Extraterritorial Jurisdiction: Applications to 'Terrorism'M Cherif Bassiouni12 Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries John Jackson13 Reflections on the 'Hybridisation' of Criminal ProcedureMireille Delmas-Marty14 The Confrontation Right Across the Systemic DivideRichard D FriedmanIV The Challenge for Comparative Scholarship 15 The Good Faith Acquisition of Stolen Art John Henry Merryman16 Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence Paul Roberts17 Utility and Truth in the Scholarship of Mirjan Damaska Ronald J Allen and Georgia N Alexakis18 Sentencing and Comparative Law Theory Richard S Frase19 No Right Answer? James Q WhitmanPostscript 20 Anglo-American and Continental Systems: Marsupials and Mammals of the LawRichard O Lempert

Recenzii

...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.
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.
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.

Descriere

Using Professor Damaska's work as a backdrop, this book substantially contributes to the development of comparative law, procedure and evidence.