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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Trial on Trial: Volume 2 - Judgment and Calling to Account (Hardcover, New)
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The Trial on Trial: Volume 2 - Judgment and Calling to Account (Hardcover, New)
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What are the aims of a criminal trial? What social functions should
it perform? And how is the trial as a political institution linked
to other institutions in a democratic polity? What follows if we
understand a criminal trial as calling a defendant to answer to a
charge of criminal wrongdoing and, if he is judged to be
responsible for such wrongdoing, to account for his conduct? A
normative theory of the trial, an account of what trials ought to
be and of what ends they should serve, must take these central
aspects of the trial seriously; but they raise a number of
difficult questions. They suggest that the trial should be seen as
a communicative process: but what kinds of communication should it
involve? What kind of political theory does a communicative
conception of the trial require? Can trials ever actually amount to
more than the imposition of state power on the defendant? What
political role might trials play in conflicts that must deal not
simply with issues of individual responsibility but with broader
collective wrongs, including wrongs perpetrated by, or in the name
of, the state? These are the issues addressed by the essays in this
volume. The third volume in this series, in which the four editors
of this volume develop their own normative account, will be
published in 2007.
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