Crime, procedure and evidence in a comparative and international context : essays in honour of Professor Mirjan Damaška / edited by John Jackson, Máximo Langer and Peter Tillers.
2008
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Details
Title
Crime, procedure and evidence in a comparative and international context : essays in honour of Professor Mirjan Damaška / edited by John Jackson, Máximo Langer and Peter Tillers.
Imprint
Oxford ; Portland, Or. : Hart Pub., 2008.
Description
1 online resource (xii, 438 p.)
Series
Studies in international and comparative criminal law.
Formatted Contents Note
Introduction : Damaška and comparative law / John Jackson and Máximo Langer
Mirjan Damaška : a bridge between legal cultures / Harold Hongju Koh
The decay of the inquisitorial ideal : plea bargaining invades German criminal procedure / Thomas Weigend
Sentencing in the US : an inquisitorial soul in an adversarial body? / William T Pizzi
Italian criminal procedure : a system caught between two traditions / Luca Marafioti
The two faces of justice in the post-Soviet legal sphere : adversarial procedure, jury trial, plea-bargaining and the inquisitorial legacy / Stephen C Thaman
Some trends in continental criminal procedure in transition countries of South-Eastern Europe / Davor Krapac
Dances of criminal justice : thoughts on systemic differences and the search for the truth / Elisabetta Grande
Cognitive strategies and models of fact-finding / Craig R Callen
Are there universal principles or forms of evidential inference? Of inference networks and onto-epistemology / Peter Tillers
Extraterritorial jurisdiction : applications to 'terrorism' / M Cherif Bassiouni
Faces of transnational justice : two attempts to build common standards beyond national boundaries / John Jackson
Reflections on the 'hybridisation' of criminal procedure / Mireille Delmas-Marty
The confrontation right across the systemic divide / Richard D Friedman
The good faith acquisition of stolen art / John Henry Merryman
Faces of justice adrift? Damaška's comparative method and the future of common law evidence / Paul Roberts
Utility and truth in the scholarship of Mirjan Damaška / Ronald J Allen and Georgia N Alexakis
Sentencing and comparative law theory / Richard S Frase
No right answer? / James Q Whitman
Anglo-American and continental systems : marsupials and mammals of the law / Richard O Lempert.
Mirjan Damaška : a bridge between legal cultures / Harold Hongju Koh
The decay of the inquisitorial ideal : plea bargaining invades German criminal procedure / Thomas Weigend
Sentencing in the US : an inquisitorial soul in an adversarial body? / William T Pizzi
Italian criminal procedure : a system caught between two traditions / Luca Marafioti
The two faces of justice in the post-Soviet legal sphere : adversarial procedure, jury trial, plea-bargaining and the inquisitorial legacy / Stephen C Thaman
Some trends in continental criminal procedure in transition countries of South-Eastern Europe / Davor Krapac
Dances of criminal justice : thoughts on systemic differences and the search for the truth / Elisabetta Grande
Cognitive strategies and models of fact-finding / Craig R Callen
Are there universal principles or forms of evidential inference? Of inference networks and onto-epistemology / Peter Tillers
Extraterritorial jurisdiction : applications to 'terrorism' / M Cherif Bassiouni
Faces of transnational justice : two attempts to build common standards beyond national boundaries / John Jackson
Reflections on the 'hybridisation' of criminal procedure / Mireille Delmas-Marty
The confrontation right across the systemic divide / Richard D Friedman
The good faith acquisition of stolen art / John Henry Merryman
Faces of justice adrift? Damaška's comparative method and the future of common law evidence / Paul Roberts
Utility and truth in the scholarship of Mirjan Damaška / Ronald J Allen and Georgia N Alexakis
Sentencing and comparative law theory / Richard S Frase
No right answer? / James Q Whitman
Anglo-American and continental systems : marsupials and mammals of the law / Richard O Lempert.
Summary
"This book aims to honour the work of Professor Mirjan Damaška, 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 Damaška'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 Damaška'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 Damaška's contribution to comparative law and the challenges faced by comparative law in the twenty first century."--Bloomsbury Publishing.
Bibliography, etc. Note
Includes bibliographical references.
Available Note
Also issued in print.
Location
www
Available in Other Form
Original
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
Reproduction
Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.
ISBN
9781472564528 online
9781841136820 hardback
9781847314628 PDF
9781841136820 hardback
9781847314628 PDF
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