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Evidence Law Adrift
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Book Synopsis Evidence Law Adrift by : Mirjan R. Damaška
Download or read book Evidence Law Adrift written by Mirjan R. Damaška and published by Berghahn Books. This book was released on 1997 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Book Synopsis Evidence Law Adrift by : Mirjan R. Damaska
Download or read book Evidence Law Adrift written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1997-01-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Evaluation of Evidence by : Mirjan Damaška
Download or read book Evaluation of Evidence written by Mirjan Damaška and published by Cambridge University Press. This book was released on 2019 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.
Book Synopsis Academically Adrift by : Richard Arum
Download or read book Academically Adrift written by Richard Arum and published by University of Chicago Press. This book was released on 2011-01-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of soaring tuition costs, more and more students go to college every year. A bachelor’s degree is now required for entry into a growing number of professions. And some parents begin planning for the expense of sending their kids to college when they’re born. Almost everyone strives to go, but almost no one asks the fundamental question posed by Academically Adrift: are undergraduates really learning anything once they get there? For a large proportion of students, Richard Arum and Josipa Roksa’s answer to that question is a definitive no. Their extensive research draws on survey responses, transcript data, and, for the first time, the state-of-the-art Collegiate Learning Assessment, a standardized test administered to students in their first semester and then again at the end of their second year. According to their analysis of more than 2,300 undergraduates at twenty-four institutions, 45 percent of these students demonstrate no significant improvement in a range of skills—including critical thinking, complex reasoning, and writing—during their first two years of college. As troubling as their findings are, Arum and Roksa argue that for many faculty and administrators they will come as no surprise—instead, they are the expected result of a student body distracted by socializing or working and an institutional culture that puts undergraduate learning close to the bottom of the priority list. Academically Adrift holds sobering lessons for students, faculty, administrators, policy makers, and parents—all of whom are implicated in promoting or at least ignoring contemporary campus culture. Higher education faces crises on a number of fronts, but Arum and Roksa’s report that colleges are failing at their most basic mission will demand the attention of us all.
Book Synopsis A Philosophy of Evidence Law by : H. L. Ho
Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by OUP Oxford. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Argumentation and Evidence by : Douglas Walton
Download or read book Legal Argumentation and Evidence written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson
Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Book Synopsis The Faces of Justice and State Authority by : Mirjan R. Damaska
Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1991-07-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Book Synopsis Aspiring Adults Adrift by : Richard Arum
Download or read book Aspiring Adults Adrift written by Richard Arum and published by University of Chicago Press. This book was released on 2014-09-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few books have ever made their presence felt on college campuses—and newspaper opinion pages—as quickly and thoroughly as Richard Arum and Josipa Roksa’s 2011 landmark study of undergraduates’ learning, socialization, and study habits, Academically Adrift: Limited Learning on College Campuses. From the moment it was published, one thing was clear: no university could afford to ignore its well-documented and disturbing findings about the failings of undergraduate education. Now Arum and Roksa are back, and their new book follows the same cohort of undergraduates through the rest of their college careers and out into the working world. Built on interviews and detailed surveys of almost a thousand recent college graduates from a diverse range of colleges and universities, Aspiring Adults Adrift reveals a generation facing a difficult transition to adulthood. Recent graduates report trouble finding decent jobs and developing stable romantic relationships, as well as assuming civic and financial responsibility—yet at the same time, they remain surprisingly hopeful and upbeat about their prospects. Analyzing these findings in light of students’ performance on standardized tests of general collegiate skills, selectivity of institutions attended, and choice of major, Arum and Roksa not only map out the current state of a generation too often adrift, but enable us to examine the relationship between college experiences and tentative transitions to adulthood. Sure to be widely discussed, Aspiring Adults Adrift will compel us once again to re-examine the aims, approaches, and achievements of higher education.
Book Synopsis Comparative Reasoning in International Courts and Tribunals by : Daniel Peat
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2020-07-09 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Book Synopsis Evidence of the Law by : Gary Lawson
Download or read book Evidence of the Law written by Gary Lawson and published by University of Chicago Press. This book was released on 2017-02-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law. As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
Book Synopsis The Insanity Defense by : Abraham S. Goldstein
Download or read book The Insanity Defense written by Abraham S. Goldstein and published by Yale University Press. This book was released on 1967-01-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insanity defense has become the most passionately debated issue in criminal law, a debate marked by slogans and stereotypes. Mr. Goldstein offers a reasoned study of that debate and the current rules behind the law, as well as a careful examination of what might be expected from any new rules now proposed.
Book Synopsis A People Adrift by : Peter Steinfels
Download or read book A People Adrift written by Peter Steinfels and published by Simon and Schuster. This book was released on 2004-09 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this national bestseller, the most influential layman in the United States reports that the Roman Catholic Church in America must either profoundly reform or lapse into permanent irrelevance.
Book Synopsis Crime, Procedure and Evidence in a Comparative and International Context by : John D Jackson
Download or read book Crime, Procedure and Evidence in a Comparative and International Context written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2008-09-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Scottish Criminal Evidence Law by : Peter Duff
Download or read book Scottish Criminal Evidence Law written by Peter Duff and published by Edinburgh University Press. This book was released on 2018-12-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did Enlightenment happen in Edinburgh?
Book Synopsis Evidence: Law and Context by : Claire Mcgourlay
Download or read book Evidence: Law and Context written by Claire Mcgourlay and published by Taylor & Francis. This book was released on 2024-05-16 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses, covering both criminal evidence and civil evidence. Taking a contextual approach, the authors show how wider policy debates and societal trends have impacted upon the recent evolution of the law, helping to explain how and why the law has developed. The sixth edition has been revised to include: the impacts of the COVID-19 pandemic, the introduction of the Solicitors Qualifying Examination (SQE), and updates on previous statistics on the increase in the use of ‘show pleas,’ false confessions, and miscarriages of justice, alongside a comparative perspective on how the American criminal practice has evolved along a parallel line. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear, and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.
