Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaška

1. Introduction: Damaška and Comparative Law
2. Mirjan Damaška: A Bridge Between Legal Cultures
3. he Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure
4. Sentencing in the US: An Inquisitorial Soul in an Adversarial Body?
5. Italian Criminal Procedure: A System Caught Between Two Traditions
6. The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy
7. Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe
8. Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth
9. Cognitive Strategies and Models of Fact-Finding
10. Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology
11. Extraterritorial Jurisdiction: Applications to ‘Terrorism’
12. Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries
13. Reflections on the ‘Hybridisation’ of Criminal Procedure
14. The Confrontation Right Across the Systemic Divide
15. The Good Faith Acquisition of Stolen Art
16. Faces of Justice Adrift? Damaška’s Comparative Method and the Future of Common Law Evidence
17. Utility and Truth in the Scholarship of Mirjan Damaška
18. Sentencing and Comparative Law Theory
19. No Right Answer?
20. Anglo–American and Continental Systems: Marsupials and Mammals of the Law

This festschrift honors the work of Professor Mirjan Dama?ka - 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 Dama?ka'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 criminal law, comparative law, international law, evidence, and legal theory. After an introduction by the editors and a tribute by Harold Koh - Dean of Yale Law School - the book is then divided into three parts. The first part explores a number of insights from Professor Dama?ka's work in the fields of evidence, criminal law, and legal theory. The second part considers contemporary trends in national and international criminal procedure, examining both the extent to which these are resulting in converging practices across national jurisdictions and the growing importance of international criminal law. The final part of the book assesses Professor Dama?ka's contribution to comparative law and the challenges faced by comparative law in the 21st century.