09552nam 22007451c 450 991078299760332120200115203623.01-4725-6452-91-282-04851-197866120485171-84731-462-710.5040/9781472564528(CKB)1000000000716136(EBL)420735(OCoLC)476252969(SSID)ssj0000132355(PQKBManifestationID)11160733(PQKBTitleCode)TC0000132355(PQKBWorkID)10028850(PQKB)10656951(MiAaPQ)EBC420735(Au-PeEL)EBL420735(CaPaEBR)ebr11386463(CaONFJC)MIL204851(OCoLC)1138487508(UtOrBLW)bpp09257081(EXLCZ)99100000000071613620140929d2008 uy 0engur|n|---|||||txtccrCrime, procedure and evidence in a comparative and international context essays in honour of Professor Mirjan Damaška edited by John Jackson, Máximo Langer and Peter TillersOxford Portland, Oregon Hart Publishing 2008.1 online resource (450 p.)Studies in international and comparative criminal lawDescription based upon print version of record.1-84113-682-4 Includes bibliographical referencesIntroduction : 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 Tillers1 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 LempertExtraterritorial 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"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 PublishingThis 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 centuryStudies in international and comparative criminal law.Criminal lawCivil procedure: law of evidenceCriminal procedureEvidence, CriminalCriminal law.Criminal procedure.Evidence, Criminal.345Damaška Mirjan R.1931-Jackson John D.1955-Langer MáximoTillers PeterUtOrBLWUtOrBLWUkLoBPBOOK9910782997603321Crime, procedure and evidence in a comparative and international context3703457UNINA