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Crime, Procedure and Evidence in a Comparative and International Context

Essays in Honour of Professor Mirjan Damaska

Editor(s): John D Jackson, Maximo Langer
Media of Crime, Procedure and Evidence in a Comparative and International Context
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Published: 29-09-2008
Format: PDF eBook (?)
Edition: 1st
Extent: 462
ISBN: 9781847314628
Imprint: Hart Publishing
Series: Studies in International and Comparative Criminal Law
RRP: £76.50
Online price : £61.20
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Loren Epson

About Crime, Procedure and Evidence in a Comparative and International Context

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.

Table Of 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
20 Anglo–American and Continental Systems: Marsupials and Mammals of the Law
Richard O Lempert


“...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.” –  Stewart Field, Criminal Law Review

“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.” –  Jonathan Doak, International Journal of Evidence and Proof, 13 (3)

“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.” –  Bernard Robertson, New Zealand Law Journal, 122

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