Indepth conversations with experts on topics that matter. In this important book, a distinguished legal scholar examines how the legal culture and institutions in angloamerican countries affect the way in which evidence is gathered, sifted, and presented to the courts. Everyday low prices and free delivery on eligible orders. About crime, procedure and evidence in a comparative and international context. Evidence law adrift evidence law adrift mirjan r damaska on amazoncom free shipping on qualifying offers in this important book a distinguished legal scholar examines how the legal culture and institutions in.
Hastings law journal by an authorized editor of uc hastings scholarship repository. It was a very fortuitous coincidence, for his book has much to offer those interested in the state of the civil jury in america today. Crime, procedure and evidence in a comparative and. Damaska is the author of the faces of justice and state authority 4. Damaskas second seminal book, evidence law adrift, expanded upon his cultural enquiry into comparative procedure. Kirkpatrick, laird gw law the george washington university. Mirjan damaska focuses on the significance of the divided tribunal between judge and j. The american law library series are a series of chinese books that are translated from american law textbooks. In this important book, a distinguished legal scholar examines. Mirjan damaska focuses on the significance of the divided tribunal between. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common law evidence restricted to a narrow sphere. Evidence law adrift has 2 available editions to buy at half price books marketplace same low prices, bigger selection, more fun shop the allnew.
He has written a book that every evidence scholar should read, and that will be helpful to anyone interested in trials and court procedure. Find evidence law adrift, by mirjan r damaska, isbn 9780300069372, published by yale university press from. Ken pennington the catholic university of america the book is an outstanding historical research about some of the most important topics concerning the evaluation of evidence in criminal law. In a controversial book, evidence law adrift, damaska, probably the most influential, contemporary theorist of comparative criminal procedure, claimed that the law of criminal evidence in angloamerican common law systems had lost its moorings in its traditional adversarial ideology. In this important book, a distinguished legal scholar examines how the legal. Avaliable format in pdf, epub, mobi, kindle, e book and audiobook. Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common law jurisdictions and then explores recent transformations of this environment. Damaska s constant, balanced comparisons to continental procedure will give common law readers a fresh and valuable perspective on their system of evidence law. Damaska, evidence law adrift 1996 again, as this is not my field of expertise, and by way of prompting others to contribute titles, ill simply list some items in the hope that others will assess their canon worthiness. Lempert eric stein distinguished university professor of law and sociology emeritus.
A comment on damaska s evidence law adrift, 49 hastingsl. Evidence law adrift in this important book, a distinguished legal scholar examines how the legal culture and institutions in angloamerican countries affect the way in which evidence is gathered, sifted, and presented to the courts. This book will be a valuable supplemental text for criminal procedure law courses. In this important book, a distinguished legal scholar examines how the legal culture and institutions in.
He has published more than 100 articles in professional journals of numerous countries. Mirjan damaska henry koerner center for emeritus faculty. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. Born and schooled in continental europe, he has lived and taught in the united states for twenty. Scientifically complex cases, trial by jury, and the.
Pages are intact and are not marred by notes or highlighting, but may contain a neat previous owner name. He was a professor at the faculty of law in zagreb, where he was an acting. Sell, buy or rent evidence law adrift 9780300206043. We ship law books world wide and stock books and looseleaf works from all major legal publishers. Yale university press 1997 abstract in this important book, a distinguished legal scholar examines how the legal culture and institutions in angloamerican countries affect the way in which evidence is. Difference, as well as distance, yields perspective. Mirjan damaskas evidence law adrift is a major addition to the literature of explanation and critique.
Judges were never bound by law to convict a defendant unless they considered him guilty. Evidence law adrift by mirjan r damaska 19 editions. Other defendants right to present evidence, national law journal, june 5, 2006, at. Evidence law adrift, mirjan damaskas elegant study of the common law system of evidence, and he is ideally suited for the task. Faces of justice and state authority, 1986 comparative law with schlesinger, baade, and jerzog, 1988 evidence law adrift, 1997 the law of evidence in criminal matters in croatian. Evidence research canons research guides at florida. A stronger case could be made that evidence law is fixed in place, or at least tightly tethered. Damagkas evidence law adrift by gordon van kessel inquiring into the foundations supporting common law rules of evidence, professor damaka points to three aspects of the anglo. The most problematic part of professor mirjan damaskas fine book is the title. Textbook and etextbook are published under isbn 0300206046 and 9780300206043. He is the author of six books, among which the faces of justice and evidence law adrift were translated to several languages. This book aims to honour the work of professor mirjan damaska, sterling professor of law at yale law. He is currently a sterling professor emeritus at the yale law school, where he has taught since 1976.
Damaska sterling profe sso r of law on leave of absence spring term contact info. But it may also be aimed primarily at illuminating one system by light shed from another. In 2000, the public affairs section of the american embassy to the peoples republic of china and the china university of political science and law publishing houseas part of the us and china presidential rule of law initiativeagreed to cooperate to. Evidence law adrift book by professor mirjan r damaska 2. Professor damaska received his basic law degree at the university. Jackson, adrift but still clinging to the wreckage. He teaches and writes in the fields of comparative and foreign law, procedural law, evidence, international criminal law, and continental legal history.
Crime, procedure and evidence in a comparative and international. Mirjan damaska born october 8, 1931 is an american and croatian jurist and legal scholar, known for his works in the sphere of comparative criminal justice and international criminal law. He was a professor at the faculty of law in zagreb, where he was an acting dean in 1970. Since then evidence law adrift textbook was available to sell back to booksrun online for the top buyback price or rent at the marketplace. Mirjan damaska s evidence law adrift is a major addition to the literature of explanation and critique.
In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common law evidence restricted to a narrow. Damaska, sterling professor of law at yale law school, is also the. This is the aim of evidence law adrift, mirjan damagkas elegant study of the common law system of evidence. Mirjan r damaska in this important book, a distinguished legal scholar examines how the legal culture and institutions in angloamerican countries affect the way in which evidence is gathered, sifted, and presented. He isolates the bifurcated jury trial, the temporal concentration. Professor damaska does an excellent job of situating american evidence law in the procedural context in which american trials occur. Books the position of defendants, 1962 dictionary of criminal. He is the author of six books, among which the faces of justice and evidence law adrift were translated into s everal languages. Buy evidence law adrift reprint by damaska, mirjan r. This book aims to honour the work of professor mirjan damaska, 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. He received his basic law degree at the university of zagreb in his native croatia.
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