Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaska (Studies in International and Comparative Criminal Law)

This festschrift honors the work of Professor Mirjan Dama?ka — 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 Dama?ka'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 criminal law, comparative law, international law, evidence, and legal theory. After an introduction by the editors and a tribute by Harold Koh — Dean of Yale Law School — the book is then divided into three parts. The first part explores a number of insights from Professor Dama?ka's work in the fields of evidence, criminal law, and legal theory. The second part considers contemporary trends in national and international criminal procedure, examining both the extent to which these are resulting in converging practices across national jurisdictions and the growing importance of international criminal law. The final part of the book assesses Professor Dama?ka's contribution to comparative law and the challenges faced by comparative law in the 21st century. "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 Crime, Procedure and Evidence in a Comparative and International Context ......Page 2 Contents......Page 10 List of Contributors......Page 12 1 Introduction: Damaška and Comparative Law......Page 14 2 Mirjan Damaška: A Bridge Between Legal Cultures......Page 42 I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants......Page 50 3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure......Page 52 4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body?......Page 78 5 Italian Criminal Procedure: A System Caught Between Two Traditions......Page 94 6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy......Page 112 7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe......Page 132 II Re-Exploring the Epistemological Environment......Page 156 8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth......Page 158 9 Cognitive Strategies and Models of Fact-Finding......Page 178 10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology......Page 192 III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime......Page 212 11 Extraterritorial Jurisdiction: Applications to ‘Terrorism’......Page 214 12 Transnational Faces of Justice: Two Attempts to Build Common Standards Beyond National Boundaries......Page 234 13 Reflections on the ‘Hybridisation’ of Criminal Procedure......Page 264 14 The Confrontation Right Across the Systemic Divide......Page 274 IV The Challenge for Comparative Scholarship......Page 286 15 The Good Faith Acquisition of Stolen Art......Page 288 16 Faces of Justice Adrift? Damaška’s Comparative Method and the Future of Common Law Evidence......Page 308 17 Utility and Truth in the Scholarship of Mirjan Damaška......Page 342 18 Sentencing and Comparative Law Theory......Page 364 19 No Right Answer?......Page 384 Postcript......Page 406 20 Anglo-American and Continental Systems: Marsupials and Mammals of the Law......Page 408 Appendix Interview with Mirjan Damaška......Page 428