Background
Damaska, Mirjan Radovan was born on October 8, 1931 in Brezice, Slovenia. Son of Radovan and Ljerka (Tkalcic) Damaska. came to the United States, 1972.
(A leading legal scholar provides a highly original compar...)
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.
http://www.amazon.com/gp/product/0300051190/?tag=2022091-20
(In this important book, a distinguished legal scholar exa...)
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
http://www.amazon.com/gp/product/0300206046/?tag=2022091-20
Damaska, Mirjan Radovan was born on October 8, 1931 in Brezice, Slovenia. Son of Radovan and Ljerka (Tkalcic) Damaska. came to the United States, 1972.
Master of Laws, University Zagreb, Croatia, 1956. D.Jurisprudence, Ljubljana Law School, 1960. Master of Laws, University Zagreb, Croatia, 1956.
Professor of law, University Zagreb, 1960-1972; acting dean Law School, U. Zagreb, 1970-1971; professor of law, University Pennsylvania Law School, Philadelphia, 1972-1976; Ford Foundation professor of law, Yale University Law School, New Haven, 1976-1995; Sterling professor of law, Yale University Law School, New Haven, since 1996; consultant.
(A leading legal scholar provides a highly original compar...)
(In this important book, a distinguished legal scholar exa...)
Fellow American Academy Arts and Sciences. Member American Association for Comparative Studyof Law, International Academy Comparative Law. M C.
Married Marija Brkoevic, August 10, 1960.