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Book Cover
PRINTED BOOKS
Author Damaška, Mirjan R., 1931-

Title Evidence law adrift / Mirjan R. Damaška.

Published New Haven : Yale University Press, 1997.

Copies

Location Call No. Status
 UniM Law  KN 390 DAMA    AVAILABLE
Physical description x, 160 pages ; 24 cm
Notes Includes index.
Contents 1. Character of Common Law Evidence: A View from the Outside -- 2. The Archetypal Trial Court -- 3. Concentrated Proceedings -- 4. The Adversary System -- 5. Institutional Transformations -- 6. Epilogue: The Future.
Summary 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.
Subject Evidence (Law)
ISBN 0300069375 (alk. paper)