| |
|
|
|
|
|
|
|
|
1. |
Record Nr. |
UNINA9910810731703321 |
|
|
Titolo |
The trial on trial . Volume 2 Judgment and calling to account / edited by Antony Duff ... [and others] |
|
|
|
|
|
|
|
Pubbl/distr/stampa |
|
|
Oxford ; Portland, Oregon, : Hart Publishing, 2006 |
|
|
|
|
|
|
|
ISBN |
|
1-4725-5985-1 |
1-280-80888-8 |
9786610808885 |
1-84731-163-6 |
|
|
|
|
|
|
|
|
Edizione |
[1st ed.] |
|
|
|
|
|
Descrizione fisica |
|
1 online resource (276 p.) |
|
|
|
|
|
|
Disciplina |
|
|
|
|
|
|
Soggetti |
|
Trials - Great Britain |
Criminal procedure - Great Britain |
Fair trial - Great Britain |
Trials - Philosophy |
Fair trial |
|
|
|
|
|
|
|
|
Lingua di pubblicazione |
|
|
|
|
|
|
Formato |
Materiale a stampa |
|
|
|
|
|
Livello bibliografico |
Monografia |
|
|
|
|
|
Note generali |
|
"Central to the project are two sets of workshops: one on Truth and due process, held in 2003, which produced the papers for this collection; the other on Judgement and calling to account, to be held in 2004, which will produce a matching collection of papers."--T.p. verso, v.1. |
|
|
|
|
|
|
|
|
Nota di bibliografia |
|
Includes bibliographical references and index |
|
|
|
|
|
|
Nota di contenuto |
|
v. 1. Truth and due process -- v. 2. Judgment and calling to account -- v. 3. Towards a normative theory of the criminal trial |
1. Introduction: Judgment and Calling to Account -- Antony Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros -- 2. Trial and 'Fair Trial': From Peer to Subject to Citizen -- Mireille Hildebrandt -- 3. Theorising Procedural Tradition: Subjects, Objects and Values in Criminal Adjudication -- Paul Roberts -- 4. The Trial and its Alternatives as Speech Situations -- Evi Girling, Marion Smith and Richard Sparks -- 5. 'Who do you Think you Are?' The Criminal Trial and Community Character -- Sherman J Clark -- 6. Theorising Jury Reform -- Mike Redmayne -- 7. It's Good to Talk-Speaking Rights and the Jury -- Burkhard Schäfer and Olav K Wiegand -- 8. Democratic |
|
|
|
|
|
|
|
|
|
|
|
Accountability and Lay Participation in Criminal Trials -- Tatjana Hörnle -- 9. Judgment and Calling to Account: Truths, Trials and Reconciliations -- Scott Veitch -- 10. The Political Trial and Reconciliation -- Bert van Roermund -- 11. Perpetrator Proceedings and Didactic Trials -- Lawrence Douglas -- 12. Why have a Trial when you can have a Bargain? -- Thomas Weigend -- 13. Conceptions of the Trial in Inquisitorial and Adversarial Procedure -- Jacqueline Hodgson -- 14. Theorising the Criminal Trial and Criminal Appeal: Finality, Truth and Rights -- Richard Nobles and David Schiff |
|
|
|
|
|
|
Sommario/riassunto |
|
What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007 |
|
|
|
|
|
|
|
| |