The faces of justice and state authority : a comparative approach to the legal process

A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is ";a significant work of scholarship . . . full of important insights.";-Harold J. Berman A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns.-- Provided by publisher Contents 7 Acknowledgments 11 Introduction 13 I. Organization of Authority: The Hierarchical and the Coordinate Ideals 28 II. Process before Hierarchical and Coordinate Officialdom 59 III. Two Types of State and the Ends of the Legal Process 83 IV. The Conflict-Solving Type of Proceeding 109 V. The Policy-Implementing Type of Proceeding 159 VI. Authority and Types of Justice 193 Afterword 252 Index 255