1.

Record Nr.

UNINA9910782997603321

Titolo

Crime, procedure and evidence in a comparative and international context : essays in honour of Professor Mirjan Damaška / edited by John Jackson, Máximo Langer and Peter Tillers

Pubbl/distr/stampa

Oxford ; Portland, Oregon, : Hart Publishing, 2008

ISBN

1-4725-6452-9

1-282-04851-1

9786612048517

1-84731-462-7

Descrizione fisica

1 online resource (450 p.)

Collana

Studies in international and comparative criminal law

Disciplina

345

Soggetti

Criminal law

Criminal procedure

Evidence, Criminal

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references

Nota di contenuto

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

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

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

Sommario/riassunto

"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

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



2.

Record Nr.

UNINA9910956523503321

Autore

Zehner Ozzie

Titolo

Green illusions : the dirty secrets of clean energy and the future of environmentalism / / Ozzie Zehner

Pubbl/distr/stampa

Lincoln, : University of Nebraska Press, c2012

ISBN

9786613664532

9781280687594

1280687592

9780803243361

0803243367

Edizione

[1st ed.]

Descrizione fisica

1 online resource (462 p.)

Collana

Our sustainable future

Disciplina

333.79/40973

Soggetti

Renewable energy sources - United States

Environmentalism - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Cover; Title Page; Copyright Page; Contents; List of Illustrations; List of Figures; Acknowledgments; Introduction: Unraveling the Spectacle; Part I: Seductive Futures; 1. Solar Cells and Other Fairy Tales; 2. Wind Power's Flurry of Limitations; 3. Biofuels and the Politics of Big Corn; 4. The Nuclear-Military-Industrial Risk Complex; 5. The Hydrogen Zombie; 6. Conjuring Clean Coal; 7. Hydropower, Hybrids, and Other Hydras; Part II: From Here to There; 8. The Alternative-Energy Fetish; 9. The First Step; Part III: The Future of Environmentalism; 10. Women's Rights; 11. Improving Consumption

12. The Architecture of Community13. Efficiency Culture; 14. Asking Questions; Epilogue: A Grander Narrative?; Resources for Future Environmentalists; Notes; Index

Sommario/riassunto

We don't have an energy crisis. We have a consumption crisis. And this book, which takes aim at cherished assumptions regarding energy, offers refreshingly straight talk about what's wrong with the way we think and talk about the problem. Though we generally believe we can solve environmental problems with more energy-more solar cells, wind turbines, and biofuels-alternative technologies come with their own



side effects and limitations. How, for instance, do solar cells cause harm? Why can't engineers solve wind power's biggest obstacle? Why won't contraception solve the problem of overpopulation lying at the heart of our concerns about energy, and what will? This practical, environmentally informed, and lucid book persuasively argues for a change of perspective. If consumption is the problem, as Ozzie Zehner suggests, then we need to shift our focus from suspect alternative energies to improving social and political fundamentals: walkable communities, improved consumption, enlightened governance, and, most notably, women's rights. The dozens of first steps he offers are surprisingly straightforward. For instance, he introduces a simple sticker that promises a greater impact than all of the nation's solar cells. He uncovers why carbon taxes won't solve our energy challenges (and presents two taxes that could). Finally, he explores how future environmentalists will focus on similarly fresh alternatives that are affordable, clean, and can actually improve our well-being. Watch a book trailer.