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Showing posts from April, 2015

CALL FOR PROPOSALS: Law Text Culture

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The Editorial Board of Law Text Culture is seeking proposals for the 2016 special edition of the Journal (Volume 20), due for publication in December 2016. Law Text Culture is a transcontinental, peer-reviewed interdisciplinary journal which aims to produce fresh insights and knowledges about law and jurisprudence across three interconnected axes: Politics: engaging the relationship of force and resistance; Aesthetics: eliciting the relationship of judgment and expression; Ethics: exploring the relationship of self and other. The annual thematic special issue, curated by guest editors, is selected by the editorial board. Each issue explores its theme across a range of genres, with scholarly essays and articles sitting alongside visual and literary engagements. In this way, Law Text Culture excites unique intersectional and interdisciplinary encounters with law in all its forms. Proposals by potential guest editors should include: - a concise description of the proposed theme; - a draft

World Congress of Roman and Comparative Law "Contracts, Goods and Trade Market"

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ARTICLE ANNOUNCEMENT: Presumption of Innocence or Presumption of Mercy?: Weighing Two Western Modes of Justice James Q. Whitman

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By James Q. Whitman American criminal law has a deep commitment to the presumption of innocence. Yet at the same time, American criminal justice is, by international standards, extraordinarily harsh. This Article addresses this troubling state of affairs. The Article contrasts the American approach with the approach of the inquisitorial tradition of continental Europe. Inquisitorial justice, it argues, has a less far-reaching presumption of innocence than American justice does. Yet if continental justice puts less weight on the rights of the innocent it puts more on the rights of the guilty: While its presumption of innocence is comparatively weaker, it has what can be called a strong presumption of mercy. The continental approach produces forms of criminal procedure that can shock Americans. Continental trial in particular often seems to American observers to operate on a disturbing de facto presumption of guilt; the most recent example is the high-profile trial of Amanda Knox. Yet t