Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaska
by Jackson, John; Langer, Maximo; Tillers, PeterFormat: Hardcover
Pub. Date: 2008-10-01
Publisher(s): Hart Publishing
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Summary
This festschrift honors the work of Professor Mirjan Damaka 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 le
Author Biography
John Jackson is Professor of Comparative Criminal Law and Procedure, Faculty of Social Sciences, School of Law, University of Nottingham. He is the author of a number of books on evidence and criminal procedure including Northern Ireland Supplement to Cross on Evidence (1983), Called to Court: A Public View of Criminal Justice in Northern Ireland (1991) (with R Kilpatrick and C Harvey), Judge without Jury: Diplock Trials in the Adversary System (1995) (with Sean Doran), The Judicial Role in Criminal Proceedings (2000) (with Sean Doran), Standards for Prosecutors: An Analysis of the United Kingdom National Prosecuting Agencies (2006) (with Barry Hancock), Crime, Procedure and Evidence in a Comparative and International Context (2008)(with P. Tillers and M. Langer) and Standards for Prosecutors: An Analysis of the National Prosecuting Agencies in Ireland, New South Wales (Australia), The Netherlands and Denmark (2009)(with Barry Hancock).
Maximo Langer is Acting Professor of Law at the University of California, Los Angeles.
Maximo Langer is Acting Professor of Law at the University of California, Los Angeles.
Table of Contents
| Acknowledgements | p. vii |
| List of Contributors | p. xi |
| Introduction: Damaska and Comparative Law | p. 1 |
| Mirjan Damaska: A Bridge Between Legal Cultures | p. 29 |
| Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants | p. 37 |
| The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure | p. 39 |
| Sentencing in the US: An Inquisitorial Soul in an Adversarial Body? | p. 65 |
| Italian Criminal Procedure: A System Caught Between Two Traditions | p. 81 |
| The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy | p. 99 |
| Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe | p. 119 |
| Re-Exploring the Epistemological Environment | p. 143 |
| Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth | p. 145 |
| Cognitive Strategies and Models of Fact-Finding | p. 165 |
| Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology | p. 179 |
| Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime | p. 199 |
| Extraterritorial Jurisdiction: Applications to 'Terrorism' | p. 201 |
| Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries | p. 221 |
| Reflections on the 'Hybridisation' of Criminal Procedure | p. 251 |
| The Confrontation Right Across the Systemic Divide | p. 261 |
| The Challenge for Comparative Scholarship | p. 273 |
| The Good Faith Acquisition of Stolen Art | p. 275 |
| Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence | p. 295 |
| Utility and Truth in the Scholarship of Mirjan Damaska | p. 329 |
| Sentencing and Comparative Law Theory | p. 351 |
| No Right Answer? | p. 371 |
| Postscript | p. 393 |
| Anglo-American and Continental Systems: Marsupials and Mammals of the Law | p. 395 |
| Appendix | p. 415 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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