Crime, Procedure and Evidence in a Comparative and International Context

Essays in Honour of Professor Mirjan Damaska

John D Jackson, Maximo Langer, John D Jackson, Maximo Langer, John D Jackson, Maximo Langer

• Publisher: Hart Publishing
• Year: 2008
• ISBN:
  9781847314628
• Edition: 1
• Topic: Droit
• Subtopic: Droit pénal

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.

Table of contents

• Prelims
• Contents
• List of Contributors
• 1 Introduction: Damaška and Comparative Law
• 2 Mirjan Damaška: A Bridge Between Legal Cultures
• I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants
• II Re-Exploring the Epistemological Environment
• III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime
• IV The Challenge for Comparative Scholarship
• Postcript