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This book aims to honour 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 comparative and international law,
evidence and criminal law and procedure. Using Professor Dama ka'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 Dama ka 's contribution to comparative
law and the challenges faced by comparative law in the twenty first
century.
This Is A New Release Of The Original 1880 Edition.
During The War Between The States, Dr. Jackson Served As Surgeon In
The Confederate Army. He Contributed Many Clinical Papers To
Medical Journals, & Reviewed The Claim Of Ephraim McDowell As
The First Physician To Perform An Ovariotomy And Thus To Inaugurate
Abdominal Surgery.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
During The War Between The States, Dr. Jackson Served As Surgeon In
The Confederate Army. He Contributed Many Clinical Papers To
Medical Journals, & Reviewed The Claim Of Ephraim McDowell As
The First Physician To Perform An Ovariotomy And Thus To Inaugurate
Abdominal Surgery.
This volume considers the way in which the focus on individual
rights may constitute an obstacle to ensuring fairness in criminal
proceedings. The increasingly cosmopolitan nature of criminal
justice, forcing legal systems with different institutional forms
and practices to interact with each other as they attempt to combat
crime beyond national borders, has accentuated the need for systems
to seek legitimacy beyond their domestic traditions. Fairness,
expressed in terms of the right to a fair trial in provisions such
as Article 6 of the European Convention on Human Rights, has
emerged across Europe as the principal means of guaranteeing the
legitimacy of criminal proceedings. The consequence of this is that
criminal procedure doctrines are framed overwhelmingly in
'constitutional' terms - the protection of defence rights is
necessary to restrict and legitimate the state's mandate to
prosecute crime. Yet there are various problems with relying solely
or predominantly on defence rights as a means of ensuring that
proceedings are 'fair' or legitimate and these issues are rarely
discussed in the academic literature. In this volume, scholars from
the disciplines of law, philosophy and sociology challenge various
normative assumptions underpinning our understanding of fairness in
criminal proceedings.
Although there are many texts on the law of evidence, surprisingly
few are devoted specifically to the comparative and international
aspects of the subject. The traditional view that the law of
evidence belongs within the common law tradition has obscured the
reality that a genuinely cosmopolitan law of evidence is being
developed in criminal cases across the common law and civil law
traditions. By considering the extent to which a coherent body of
common evidentiary standards is being developed in both domestic
and international jurisprudence, John Jackson and Sarah Summers
chart this development with particular reference to the
jurisprudence on the right to a fair trial that has emerged from
the European Court of Human Rights and to the attempts in the new
international criminal tribunals to fashion agreed approaches
towards the regulation of evidence.
The role of the judge in criminal proceedings is a multifaceted one
that is subject constantly to new demands and challenges. In recent
times,for example, judges have been accorded greater responsibility
for case management in advance of trial, adaptations to the rules
of evidence have enhanced the scope for discretionary
decision-making, while legislative developments in the sentencing
field have forced a reevaluation of the judge's role in sentencing
offenders. In the near future, the judicial role in this
jurisdiction will take on a new dimension when the Human Rights Act
is implemented. This collection of essays includes contributions on
the above themes and beyond, including the issues of plea
bargaining, judges in emergency situations, judges and media
concerns, victims in the criminal process and magistrates' justice.
The collection is comparative and international in scope and
includes contributions from leading scholars in the United States,
Europe and elsewhere. Authors include Judge Jack B. Weinstein,
Andrew Ashworth, Mike McConville, and Justice Albie Sachs.
This volume considers the way in which the focus on individual
rights may constitute an obstacle to ensuring fairness in criminal
proceedings. The increasingly cosmopolitan nature of criminal
justice, forcing legal systems with different institutional forms
and practices to interact with each other as they attempt to combat
crime beyond national borders, has accentuated the need for systems
to seek legitimacy beyond their domestic traditions. Fairness,
expressed in terms of the right to a fair trial in provisions such
as Article 6 of the European Convention on Human Rights, has
emerged across Europe as the principal means of guaranteeing the
legitimacy of criminal proceedings. The consequence of this is that
criminal procedure doctrines are framed overwhelmingly in
'constitutional' terms - the protection of defence rights is
necessary to restrict and legitimate the state's mandate to
prosecute crime. Yet there are various problems with relying solely
or predominantly on defence rights as a means of ensuring that
proceedings are 'fair' or legitimate and these issues are rarely
discussed in the academic literature. In this volume, scholars from
the disciplines of law, philosophy and sociology challenge various
normative assumptions underpinning our understanding of fairness in
criminal proceedings.
The rapidly changing and evolving art market might appear to be
chaotic to the casual observer, with new highs, potential lows, and
tastes and fashions changing season to season. Economists, however,
view the actions of buyers and sellers as constituting an
identifiable market. They have, for some decades, studied such
issues as artistic productivity and "death effects" on prices,
investment returns, and on the basis of the behavior and estimated
prices in auction markets. The Economics of American Art analyzes
the most pervasive economic issues facing the art world, applied to
the whole spectrum of American art. The book begins by looking at
how a market for American art developed, how the politics of the
post-war era shaped, at least in large part, the direction of
American art, and how this legacy continues into contemporary art
today. The book then tackles several salient, integral questions
animating the American art world: Are age and "type" of artist
(i.e. traditional or "innovative") related and, if so, how might
they be related to productivity? Is investment in American art a
remunerative endeavor compared to other investment possibilities?
Do economic insights provide understanding of fakes, fraud and
theft of art, particularly American art, and is it possible to
prevent art crime? Is there is a boom (or a bust) in the market for
contemporary American art as might be found in other markets? The
ongoing evolution of American art is attended by a massive number
of influences, and the economic concepts employed in this volume
will complement other critical and important cultural studies of
art. Both practical and accessible, The Economics of American Art
will be essential for collectors, auction houses, American art
experts of all kinds, museums, gallery owners and, not least, by
economists with continuing scholarly interests in these matters.
Although there are many texts on the law of evidence, surprisingly
few are devoted specifically to the comparative and international
aspects of the subject. The traditional view that the law of
evidence belongs within the common law tradition has obscured the
reality that a genuinely cosmopolitan law of evidence is being
developed in criminal cases across the common law and civil law
traditions. By considering the extent to which a coherent body of
common evidentiary standards is being developed in both domestic
and international jurisprudence, John Jackson and Sarah Summers
chart this development with particular reference to the
jurisprudence on the right to a fair trial that has emerged from
the European Court of Human Rights and to the attempts in the new
international criminal tribunals to fashion agreed approaches
towards the regulation of evidence.
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