Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaška
John D. Jackson, Maximo Langer, Peter Tillers
Hart, 2008 - Law - 438 pages
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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Damaska and Comparative Law
A Bridge Between Legal Cultures
Diverging and Converging Procedural Landscapes Changes
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accused adjudication adversarial system American law Anglo-American and Continental appeal Article Bundesgerichtshof CCP-RU civil law cognitive common law common law evidence comparative law concepts constitutional Continental systems conviction countries crime criminal proceedings Croatian culture decision defendant defendant’s Draft Evidence Law Adrift evidentiary example exclusionary rules Faces of justice fact fact-finding fair faith purchaser Federal German guilty hearsay hierarchical Human Rights Ibid ICTY inquisitorial institutional International Criminal Court international criminal law international criminal tribunals International Law investigation Italian Criminal Procedure judge judgment judicial jurisdiction jurors jury trial justice system Law journal Law Review Law School law systems lawyers legal process legal systems Legal Transplants litigation Mirjan Damaska negotiated norms offence organisation parties plea bargaining political pre-trial principle problem Professor Damaska prosecution prosecutor question reforms role rules scholars sentencing statements Terrorism testimony Thaman theory tion tradition truth University verdict witnesses Yale Yale Law School Zagreb