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Trial on Trial: Volume 2, The: Judgment and Calling to Account


Trial on Trial: Volume 2, The: Judgment and Calling to Account

Hardback by Duff, R A (University of Stirling, UK); Farmer, Lindsay (University of Glasgow, UK); Marshall, Sandra; Tadros, Victor

Trial on Trial: Volume 2, The: Judgment and Calling to Account

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£85.00

ISBN:
9781841135427
Publication Date:
5 Apr 2006
Language:
English
Publisher:
Bloomsbury Publishing PLC
Imprint:
Hart Publishing
Pages:
280 pages
Format:
Hardback
For delivery:
Estimated despatch 27 May - 1 Jun 2024
Trial on Trial: Volume 2, The: Judgment and Calling to Account

Description

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.

Contents

1. Introduction: Judgment and Calling to Account Antony Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros 2. Trial and 'Fair Trial': From Peer to Subject to Citizen Mireille Hildebrandt 3. Theorising Procedural Tradition: Subjects, Objects and Values in Criminal Adjudication Paul Roberts 4. The Trial and its Alternatives as Speech Situations Evi Girling, Marion Smith and Richard Sparks 5. 'Who do you Think you Are?' The Criminal Trial and Community Character Sherman J Clark 6. Theorising Jury Reform Mike Redmayne 7. It's Good to Talk-Speaking Rights and the Jury Burkhard Schäfer and Olav K Wiegand 8. Democratic Accountability and Lay Participation in Criminal Trials Tatjana Hörnle 9. Judgment and Calling to Account: Truths, Trials and Reconciliations Scott Veitch 10. The Political Trial and Reconciliation Bert van Roermund 11. Perpetrator Proceedings and Didactic Trials Lawrence Douglas 12. Why have a Trial when you can have a Bargain? Thomas Weigend 13. Conceptions of the Trial in Inquisitorial and Adversarial Procedure Jacqueline Hodgson 14. Theorising the Criminal Trial and Criminal Appeal: Finality, Truth and Rights Richard Nobles and David Schiff

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