The Faces of Justice and State Authority

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A Comparative Approach to the Legal Process

Mirjan R. Damaska

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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

"A significant work of scholarship that analyzes a wide variety of legal institutions. The book is full of important insights."—Harold J. Berman
 
 

 
 
 

 
 

"This book should substantially affect the way we think about legal procedure; it provides powerful tools for the analysis of related tendencies in the state apparatus and in the legal system."—Philip Lewis, Journal of Law and Society

"Damaska . . . has an extraordinarily full knowledge of civil and criminal process is Anglo-American and continental legal systems. This is the foundation of an imaginative reinterpretation of the differences between the two legal traditions."—Laurence Lustgarten, New Society

"An important contribution to the comparative analysis of civil and criminal justice systems."—Ethics

"This book provides a set of tools for dynamic, comparative explanation rather than mere taxonomic classification. It is informed by a detailed, sophisticated understanding of Anglo-American, Continental and socialist systems of procedure surely unrivalled by that of any other procedural scholar writing in English. I do not see how anyone seriously interested in comparative law could avoid reading it."—Martin Shapiro, American Journal of Comparative Law

"Damaska's elegantly written and flawlessly organized work is . . . a valuable contribution to comparative analyses of the legal process, showing that study of the relationship between law and politics is far from exhausted."—Gerard J. Fitzpatrick, American Political Science Review

"An original and compelling typology of systems of justice. . . . The author is uniquely positioned by both deep learning and personal experience to write about diverse legal traditions."—Gary Freeman, Social Science Quarterly

"This is an excellent book."—George C. Christie, Contemporary Sociology
 

"This is an excellent, ground-breaking work. . . . Certainly in the English language no analogous attempt has ever been made."—Arthur Taylor von Mehren, Yale Law Journal
ISBN: 9780300051193
Publication Date: September 10, 1991
251 pages, 6 1/8 x 9 1/4
Evidence Law Adrift

Mirjan R. Damaska

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