Mirjan Damaska
Datos Biográficos
| ID | 2172123 |
|---|---|
| NOMBRE | Mirjan Damaska |
| NOMBRES | Mirjan |
| APELLIDO | Damaska |
| FIRMA | DAMASKA M |
| AFILIACIONES | Yale University |
| VERIFICADO | No |
| TOTAL DE OBRAS | 20 |
| TOTAL DE CITAS | 29 |
| TOTAL COMO AUTOR | 20 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 1976 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2018 |
| ÍNDICE H | 2 |
Evaluation of Evidence
Chinese Society in the Eighteenth Century
During the eighteenth century, China’s new Manchu rulers consolidated their control of the largest empire China had ever known. In this book Susan Naquin and Evelyn S. Rawski draw on the most recent research to provide a unique overview and reevaluation of the social history of China during this period--one of the most dynamic periods in China’s early modern era. "A lucid, original, and scholarly summary of the social, economic, and demographic h…
Unacknowledged Presences in International Criminal Justice
International criminal justice is mainly seen as an instrument to establish individual criminal accountability for egregious breaches of international law. However, the author contends that often the decisions of international criminal courts and tribunals may have (and have had) an inevitable impact on unindicted persons as well as entities, and that the concerns of these actors have not been duly taken care of in the international criminal just…
Reflections on Fairness in International Criminal Justice
Journal Article Reflections on Fairness in International Criminal Justice Get access Mirjan Damaška Mirjan Damaška * * Sterling Professor Emeritus of Law and Professorial Lecturer in Law, Yale University; Member, Advisory Board of this Journal. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 3, July 2012, Pages 611–620, https://doi.org/1…
Assignment of Counsel and Perceptions of Fairness
1Professor of Law, Yale University, and member of the Journal's Advisory Board
Negotiated Justice in International Criminal Courts
The article begins with the historical review of different attitudes toward bargained justice in countries belonging to the Continental European tradition, and those belonging to the tradition deriving from England. The last century has led to the rapprochement of these attitudes, but residual differences remain, and the author focuses on the most prominent among them. He then discusses arguments in favour and against negotiated outcomes of crimi…
The Shadow Side of Command Responsibility
"Command responsibility" is an umbrella term used in military and international law to cover a variety of ways in which individuals in positions of leadership may be held accountable. In its broadest sense the term refers to the liability of a military commander for failure properly to discharge his duties. The failure need not necessarily imply insufficient control over the conduct of subordinates: a commander could be punished, for example, bec…
More Than "Just" Evidence
Journal Article More Than “Just” Evidence: Reviewing Mirjan Damaška's Evidence Law Adrift Get access Nora V. Demleitner Nora V. Demleitner 1Nora. V. Demleitner is Visiting Professor of Law, University of Michigan Law School, Professor of Law, St. Mary's University School of Law, San Antonio, TX. B.A. Bates College; J.D. Yale Law School; LL.M. Georgetown University Law Center. I am grateful to Daniel J. Freed, Laird C. Kirkpatrick, Mathias Reimann…
Vico and Modern Law
The Uncertain Fate of Evidentiary Transplants
Inspiration for procedural reform i~ increasingly sought in the legal thesaurus of foreign countries. In their search for new solutions, lawyers are prone to focus almost exclusively on normative aspects of foreign arrangements, trying to ascertain whether they hold promise of advantages over domestic law. But this understandable deformation professionelle is not without its costs: the success of most procedural innovation depends less than lawye…
Free Proof and Its Detractors
The idea that the law should not assign probative weight to items of information, or degrees of credibility to its bearers, is widely extolled as one of the cornerstones of enlightened factfinding in adjudication. Despite momentous changes that have occurred in the administration ofjustice in this century, the idea continues to command widespread allegiance - especially in the area of criminal procedure. This is not to say, however, that no chall…
Reflections on American Constitutionalism
Understanding American constitutionalism can be advanced by distinguishing three matrices of its peculiar traits. The first is the character of political institutions whose roots lie deeply inpre-modern forms of authority. The pivotal role of the Constitution in the life of the nation, the vital energies of judicial review, and many other hallmarks of American constitutionalism are all related to this first source. The second matrix is the distin…
The Influence of Form on the Nature of Authority
Playing the Opposites Game
Comparative Law
Journal Article Rudolf B. Schlesinger, Hans W. Baade, Mirjan R. Damaska, Peter H. Herzog (eds.): Comparative Law: Cases—Text—Materials Get access Comparative Law: Cases—Text—Materials (5th ed.). By Rudolf B. Schlesinger, Hans W. Baade, Mirjan R. Damaska & Peter H. Herzog (eds.). Mineola: The Foundation Press, 1988. Pp. lxix, 926. Edgar Bodenheimer Edgar Bodenheimer *Professor of Law Emeritus, University of California, Davis. Search for other work…
The Faces of Justice and State Authority
The Faces of Justice and State Authority
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating re…
The Faces of Justice and State Authority
Journal Article The Faces of Justice and State Authority Get access The Faces of Justice and State Authority. By Damaska Mirjan R.New Haven: Yale University Press, 1986. Pp. 247. Martin Shapiro Martin Shapiro * Professor of Law, Berkeley Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 35, Issue 4, Autumn 1987, Pages 835–838, https://doi.org/10.2307/840136 Published: 01 Octob…
The Reality of Prosecutorial Discretion
Prosecutorial discretion no longer reigns supreme in American criminal justice: increasingly demands are made that discretion be confined. In search of inspiration for reform some Americans have turned their views to continental Europe, attracted by reports that prosecutors there are closely supervised in their charging decisions. Of special interest was the puzzling information that, in some European countries, prosecutors are legally bound to p…
Criminal Procedure in Scotland and France
Mirjan Damaska; Criminal Procedure in Scotland and France, The American Journal of Comparative Law, Volume 24, Issue 4, 1 October 1976, Pages 779–784, http
The Faces of Justice and State Authority
The Uncertain Fate of Evidentiary Transplants
Inspiration for procedural reform i~ increasingly sought in the legal thesaurus of foreign countries. In their search for new solutions, lawyers are prone to focus almost exclusively on normative aspects of foreign arrangements, trying to ascertain whether they hold promise of advantages over domestic law. But this understandable deformation professionelle is not without its costs: the success of most procedural innovation depends less than lawye…
Negotiated Justice in International Criminal Courts
The article begins with the historical review of different attitudes toward bargained justice in countries belonging to the Continental European tradition, and those belonging to the tradition deriving from England. The last century has led to the rapprochement of these attitudes, but residual differences remain, and the author focuses on the most prominent among them. He then discusses arguments in favour and against negotiated outcomes of crimi…
The Shadow Side of Command Responsibility
"Command responsibility" is an umbrella term used in military and international law to cover a variety of ways in which individuals in positions of leadership may be held accountable. In its broadest sense the term refers to the liability of a military commander for failure properly to discharge his duties. The failure need not necessarily imply insufficient control over the conduct of subordinates: a commander could be punished, for example, bec…
Criminal Procedure in Scotland and France
Mirjan Damaska; Criminal Procedure in Scotland and France, The American Journal of Comparative Law, Volume 24, Issue 4, 1 October 1976, Pages 779–784, http
The Reality of Prosecutorial Discretion
Prosecutorial discretion no longer reigns supreme in American criminal justice: increasingly demands are made that discretion be confined. In search of inspiration for reform some Americans have turned their views to continental Europe, attracted by reports that prosecutors there are closely supervised in their charging decisions. Of special interest was the puzzling information that, in some European countries, prosecutors are legally bound to p…
The Faces of Justice and State Authority
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating re…
The Faces of Justice and State Authority
Journal Article The Faces of Justice and State Authority Get access The Faces of Justice and State Authority. By Damaska Mirjan R.New Haven: Yale University Press, 1986. Pp. 247. Martin Shapiro Martin Shapiro * Professor of Law, Berkeley Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 35, Issue 4, Autumn 1987, Pages 835–838, https://doi.org/10.2307/840136 Published: 01 Octob…
The Faces of Justice and State Authority
The Influence of Form on the Nature of Authority
Playing the Opposites Game
Comparative Law
Journal Article Rudolf B. Schlesinger, Hans W. Baade, Mirjan R. Damaska, Peter H. Herzog (eds.): Comparative Law: Cases—Text—Materials Get access Comparative Law: Cases—Text—Materials (5th ed.). By Rudolf B. Schlesinger, Hans W. Baade, Mirjan R. Damaska & Peter H. Herzog (eds.). Mineola: The Foundation Press, 1988. Pp. lxix, 926. Edgar Bodenheimer Edgar Bodenheimer *Professor of Law Emeritus, University of California, Davis. Search for other work…
Reflections on American Constitutionalism
Understanding American constitutionalism can be advanced by distinguishing three matrices of its peculiar traits. The first is the character of political institutions whose roots lie deeply inpre-modern forms of authority. The pivotal role of the Constitution in the life of the nation, the vital energies of judicial review, and many other hallmarks of American constitutionalism are all related to this first source. The second matrix is the distin…
Free Proof and Its Detractors
The idea that the law should not assign probative weight to items of information, or degrees of credibility to its bearers, is widely extolled as one of the cornerstones of enlightened factfinding in adjudication. Despite momentous changes that have occurred in the administration ofjustice in this century, the idea continues to command widespread allegiance - especially in the area of criminal procedure. This is not to say, however, that no chall…
Vico and Modern Law
The Uncertain Fate of Evidentiary Transplants
Inspiration for procedural reform i~ increasingly sought in the legal thesaurus of foreign countries. In their search for new solutions, lawyers are prone to focus almost exclusively on normative aspects of foreign arrangements, trying to ascertain whether they hold promise of advantages over domestic law. But this understandable deformation professionelle is not without its costs: the success of most procedural innovation depends less than lawye…
More Than "Just" Evidence
Journal Article More Than “Just” Evidence: Reviewing Mirjan Damaška's Evidence Law Adrift Get access Nora V. Demleitner Nora V. Demleitner 1Nora. V. Demleitner is Visiting Professor of Law, University of Michigan Law School, Professor of Law, St. Mary's University School of Law, San Antonio, TX. B.A. Bates College; J.D. Yale Law School; LL.M. Georgetown University Law Center. I am grateful to Daniel J. Freed, Laird C. Kirkpatrick, Mathias Reimann…
The Shadow Side of Command Responsibility
"Command responsibility" is an umbrella term used in military and international law to cover a variety of ways in which individuals in positions of leadership may be held accountable. In its broadest sense the term refers to the liability of a military commander for failure properly to discharge his duties. The failure need not necessarily imply insufficient control over the conduct of subordinates: a commander could be punished, for example, bec…
Negotiated Justice in International Criminal Courts
The article begins with the historical review of different attitudes toward bargained justice in countries belonging to the Continental European tradition, and those belonging to the tradition deriving from England. The last century has led to the rapprochement of these attitudes, but residual differences remain, and the author focuses on the most prominent among them. He then discusses arguments in favour and against negotiated outcomes of crimi…
Assignment of Counsel and Perceptions of Fairness
1Professor of Law, Yale University, and member of the Journal's Advisory Board
Unacknowledged Presences in International Criminal Justice
International criminal justice is mainly seen as an instrument to establish individual criminal accountability for egregious breaches of international law. However, the author contends that often the decisions of international criminal courts and tribunals may have (and have had) an inevitable impact on unindicted persons as well as entities, and that the concerns of these actors have not been duly taken care of in the international criminal just…
Reflections on Fairness in International Criminal Justice
Journal Article Reflections on Fairness in International Criminal Justice Get access Mirjan Damaška Mirjan Damaška * * Sterling Professor Emeritus of Law and Professorial Lecturer in Law, Yale University; Member, Advisory Board of this Journal. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 3, July 2012, Pages 611–620, https://doi.org/1…
Chinese Society in the Eighteenth Century
During the eighteenth century, China’s new Manchu rulers consolidated their control of the largest empire China had ever known. In this book Susan Naquin and Evelyn S. Rawski draw on the most recent research to provide a unique overview and reevaluation of the social history of China during this period--one of the most dynamic periods in China’s early modern era. "A lucid, original, and scholarly summary of the social, economic, and demographic h…
Evaluation of Evidence
Political science (17 obras) · Law (12 obras) · Sociology (10 obras) · Computer Science (7 obras) · Conflict of Laws and Jurisdiction (7 obras) · Economic Justice (7 obras) · Law (7 obras) · Law and economics (6 obras) · Criminology (5 obras) · Psychology (4 obras)