Trial on Trial: Volume 2

Judgment and Calling to Account

Inbunden, Engelska, 2006

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Beskrivning

What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume.The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.

Produktinformation

Utgivningsdatum:2006-04-05
Mått:160 x 240 x 20 mm
Vikt:565 g
Format:Inbunden
Språk:Engelska
Antal sidor:280
Förlag:Bloomsbury Publishing PLC
ISBN:9781841135427

Utforska kategorier

Straffrätt: process och brott inom Juridik

Mer om författaren

Antony Duff is Professor of Philosophy at the University of Stirling. Lindsay Farmer is Professor of Law at the University of Glasgow. Sandra Marshall is Professor of Philosophy in the University of Stirling. Victor Tadros is a Professor of Law at the University of Warwick.

Recensioner i media

...offers a range of perspectives on an important issue...it encourages the reader to begin to unpick some received wisdoms concerning the assumed rationality and function of the trial process. Hannah Quirk British Journal of Criminology Vol. 47, No. 6, November 2007 The authors took me with them on their exciting quest, and some of the chapters really were exciting. Nicola Padfield The Howard Journal of Criminal Justice, Vol 46, No 2 May-07 ...an enjoyable and difficult exercise in legal reasoning... a challenging read and I wholly recommend this series of books... Sally Ramage ...a most informative and varied analysis of the criminal trial...presents a huge variety of arguments and ideas on the nature, the theory and reality of the criminal trial. The profound, and in parts highly provocative, articles raise high expectations for the third volume of The Trial on Trial Sabine Swoboda Criminal Law Forum (2007) 18

Innehållsförteckning

1. Introduction: Judgment and Calling to AccountAntony Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros2. Trial and ‘Fair Trial’: From Peer to Subject to CitizenMireille Hildebrandt3. Theorising Procedural Tradition: Subjects, Objects and Values in Criminal AdjudicationPaul Roberts4. The Trial and its Alternatives as Speech SituationsEvi Girling, Marion Smith and Richard Sparks5. ‘Who do you Think you Are?’ The Criminal Trial and Community CharacterSherman J Clark6. Theorising Jury ReformMike Redmayne7. It’s Good to Talk—Speaking Rights and the JuryBurkhard Schäfer and Olav K Wiegand8. Democratic Accountability and Lay Participation in Criminal TrialsTatjana Hörnle9. Judgment and Calling to Account: Truths, Trials and ReconciliationsScott Veitch10. The Political Trial and ReconciliationBert van Roermund11. Perpetrator Proceedings and Didactic TrialsLawrence Douglas12. Why have a Trial when you can have a Bargain?Thomas Weigend13. Conceptions of the Trial in Inquisitorial and Adversarial ProcedureJacqueline Hodgson14. Theorising the Criminal Trial and Criminal Appeal: Finality, Truth and RightsRichard Nobles and David Schiff