9781472564528 online 9781841136820 hardback 9781847314628 PDF
Studies in international and comparative criminal law.
"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.
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.