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Evidence Law Adrift,Used
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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. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ('dayincourt' justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the AngloAmerican 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 commonlaw 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 commonlaw evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and commonlaw evidence restricted to a narrow sphere
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- Q: What is the main focus of 'Evidence Law Adrift'? A: The book examines how legal culture and institutions in Anglo-American countries influence the gathering, sifting, and presentation of evidence in courts, contrasting it with Continental legal systems.
- Q: Who is the author of 'Evidence Law Adrift'? A: The author is Mirjan R. Damaska, a distinguished legal scholar.
- Q: What is the publication date of this book? A: The book was published on October 8, 2013.
- Q: How many pages does 'Evidence Law Adrift' have? A: The book contains 176 pages.
- Q: What edition of the book is available? A: This book is available in an illustrated edition.
- Q: What topics does Damaska explore in relation to evidence law? A: Damaska explores the impact of traditional institutional environments, recent transformations in trials, the decline of the jury system, and the strengthening of scientific inquiry methods on evidence handling.
- Q: Is 'Evidence Law Adrift' suitable for legal professionals? A: Yes, the book is suitable for legal professionals, scholars, and students interested in evidence law and its implications.
- Q: What are some key themes discussed in the book? A: Key themes include the significance of the divided tribunal, the concentrated nature of trials, the role of parties in adjudication, and the contrast between common law and civil law systems.
- Q: What condition is the book in? A: The book is listed as being in 'Very Good' condition.
- Q: What binding type is used for 'Evidence Law Adrift'? A: The book is available in paperback binding.