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Vol 22 No 7 July/August 2017

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Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaška

Edited by: John Jackson, Maximo Langer, Peter Tillers

ISBN13: 9781841136820
Published: September 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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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 legal theory. 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 three parts.

The first part explores a number of insights from Professor Damaška’s work in the fields of evidence, criminal law and legal theory. The second part considers contemporary trends in national and international criminal procedure, examining both the extent to which these are resulting in converging practices across national jurisdictions and the growing importance of 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.

Subjects:
Criminal Law, Comparative Law
Contents:
1. Introduction: Damaška and Comparative Law
John Jackson and Máximo Langer
2. Mirjan Damaška: 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? Damaška's Comparative Method and the Future of Common Law Evidence
Paul Roberts
17. Utility and Truth in the Scholarship of Mirjan Damaška
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

Series: Studies in International and Comparative Criminal Law

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Principles of German Criminal Procedure (eBook) ISBN 9781847318985
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Principles of German Criminal Procedure ISBN 9781849462167
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Transnational Organised Crime in International Law ISBN 9781841136905
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Hart Publishing
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Principles of German Criminal Law ISBN 9781841136301
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Hart Publishing
£41.99
The German Criminal Code: A Modern English Translation ISBN 9781841138312
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Hart Publishing
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