Books the position of defendants, 1962 dictionary of criminal. 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. In this important book, a distinguished legal scholar examines. Sell, buy or rent evidence law adrift 9780300206043. Crime, procedure and evidence in a comparative and. In a controversial book, evidence law adrift, damaska, probably the most influential, contemporary theorist of comparative criminal procedure, claimed that the. University of michigan law school university of michigan. 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 is the author of six books, among which the faces of justice and evidence law adrift were translated into several languages. 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. Damaska s constant, balanced comparisons to continental procedure will give common law readers a fresh and valuable perspective on their system of evidence law. 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.
He is currently a sterling professor emeritus at the yale law school, where he has taught since 1976. 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. Mirjan damaska focuses on the significance of the divided tribunal between judge and jury, the concentrated character of trials dayincourt justice, and the. He teaches and writes in the fields of comparative and foreign law, procedural law, evidence, international criminal law, and continental legal history. Judges were never bound by law to convict a defendant unless they considered him guilty. Scientifically complex cases, trial by jury, and the. Textbook and etextbook are published under isbn 0300206046 and 9780300206043. 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. The library is closed to members of the public, including faculty, staff and students. We ship law books world wide and stock books and looseleaf works from all major legal publishers. Since then evidence law adrift textbook was available to sell back to booksrun online for the top buyback price or rent at the marketplace. Adversarialism, inquisitorialism, and judicial notice.
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. Mirjan damaskas evidence law adrift is a major addition to the literature of explanation and critique. 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. While not calling for reforms outright, mirijan damaska believes that with the increasing scientization of litigation the days of adversarial factgathering are numbered. Inquiring into the foundations supporting common law rules of evidence, professor damaka points to three aspects of the anglo. But it may also be aimed primarily at illuminating one system by light shed from another. Damaska 19970424 by hardcover accessibility books library as well as its powerful features, including thousands and thousands of title from favorite author, along with the capability to read or download hundreds of boos on your pc or smartphone in. Whitmers executive order, the law library will be completely closed through april 30, 2020. 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. Damaska, sterling professor of law at yale law school, is also the author of the faces of justice and state authority, published by yale university press.
The most problematic part of professor mirjan damaskas fine book is the title. Evidence law, browse the collection including new release law books on uniform evidence law and expert evidence. Buy the law of evidence book online at low prices in india the. 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. Jackson, adrift but still clinging to the wreckage.
Evidence law adrift livros na amazon brasil 9780300206043. Sward, values, ideology, and the evolution of the adversary system, indiana law journal 64 1989. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence. He has published more than 100 articles in professional journals of numerous countries. About crime, procedure and evidence in a comparative and international context. Evidence legal books and ebooks thomson reuters legal australia. A copy that has been read, but remains in excellent condition. He has written a book that every evidence scholar should read, and that will be helpful to anyone interested in trials and court procedure. This book will be a valuable supplemental text for criminal procedure law courses.
This is the aim of evidence law adrift, mirjan damagkas elegant study of. Damaskas second seminal book, evidence law adrift, expanded upon his cultural enquiry into comparative procedure. Professor damaska does an excellent job of situating american evidence law in the procedural context in which american trials occur. He isolates the bifurcated jury trial, the temporal concentration. Evidence research canons research guides at florida. Every evidence scholar should buy it, and i would also recommend it to anyone interested in comparative trial procedure. Pages are intact and are not marred by notes or highlighting, but may contain a neat previous owner name. Hastings law journal by an authorized editor of uc hastings scholarship repository. Alex stein, foundations of evidence law philpapers. Damaska is the author of the faces of justice and state authority 4. This edition incorporates the changes made by the criminal law amendment act, 20 and critically analyses the latest case law.
The paperback of the evidence law adrift by mirjan r. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. He is the author of six books, among which the faces of justice and evidence law adrift were translated to several languages. A comment on damaska s evidence law adrift, 49 hastingsl. 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.
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 illustrates his points with satisfying concreteness. In addition, says damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common law evidence. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. 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. 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. Uniform evidence law 14th edition by stephen odgers provides australias leading and most uptodate guidance on uniform evidence law for barristers, courts. In this important book, a distinguished legal scholar examines how the legal culture and institutions in angloamerican countries affect the way. Gordon van kessel, uc hastings college of the law follow. 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. He was a professor at the faculty of law in zagreb, where he was an acting dean in 1970. This is the first book to systematically examine the underlying theory of evidence in angloamerican legal systems. Find evidence law adrift, by mirjan r damaska, isbn 9780300069372, published by yale university press from.
Numerous and frequentlyupdated resource results are available from this search. The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. Professor damaska received his basic law degree at the university. Mirjan damaska henry koerner center for emeritus faculty. In this important book, a distinguished legal scholar examines how the legal culture and institutions in angloamerican countries affect the way in which. Mirjan damaska focuses on the significance of the divided tribunal between judge and j.817 609 409 1210 285 80 454 1405 152 952 1015 1160 283 1067 7 1088 807 1160 1233 1510 561 449 917 183 1055 435 858 351 1002 1485 174 1468 700 623 361 1418 836 263 1223 866 1364 678 443