Evidence Law Adrift
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Evidence Law Adrift
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Author : Mirjan R. Damaska
language : en
Publisher: Yale University Press
Release Date : 1997-01-01
Evidence Law Adrift written by Mirjan R. Damaska and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.
In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.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: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. 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.
Review Essay More Than Just Evidence
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Author : Nora V. Demleitner
language : en
Publisher:
Release Date : 1999
Review Essay More Than Just Evidence written by Nora V. Demleitner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
Evaluation Of Evidence
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Author : Mirjan Damaška
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-20
Evaluation Of Evidence written by Mirjan Damaška and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.
Crime Procedure And Evidence In A Comparative And International Context
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Author : John D Jackson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-09-29
Crime Procedure And Evidence In A Comparative And International Context written by John D Jackson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-29 with Law categories.
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.
A Digest Of The Law Of Evidence
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Author : James Fitzjames Stephen
language : en
Publisher:
Release Date : 1876
A Digest Of The Law Of Evidence written by James Fitzjames Stephen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1876 with Evidence (Law) categories.
Textbook On The Law Of Evidence
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Author : M. Monir
language : en
Publisher: Universal Law Publishing
Release Date :
Textbook On The Law Of Evidence written by M. Monir and has been published by Universal Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
A Philosophy Of Evidence Law
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Author : H. L. Ho
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
A Philosophy Of Evidence Law written by H. L. Ho and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations; rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Evidence Law
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Author : Letwin
language : en
Publisher:
Release Date : 1988
Evidence Law written by Letwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with categories.
The Modern Law Of Evidence
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Author : Adrian Keane
language : en
Publisher: Oxford University Press
Release Date : 2018
The Modern Law Of Evidence written by Adrian Keane and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Evidence (Law) categories.
'The Modern Law of Evidence' is essential for students studying the contemporary law of evidence. It examines the theory behind the law of evidence as well as its practical application, with emphasis on current debates.
Law Of Evidence
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Author : Vepa P. Sarathi
language : en
Publisher:
Release Date : 2006
Law Of Evidence written by Vepa P. Sarathi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Evidence (Law) categories.
