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By Jon Elster

The essays during this provocative assortment survey and determine institutional preparations that may be choices to capitalism because it exists this present day. The agreed aspect of departure one of the members is that at the one hand, capitalism results in unemployment, a scarcity of autonomy within the place of work, and big source of revenue inequalities; whereas nevertheless, important socialist making plans is characterised by way of underemployment, inefficiency, and paperwork. partly I, a number of choices are proposed: profit-sharing structures, capitalism mixed with a few primary making plans, worker-owned corporations in a industry financial system, or the advent of the weather of industry financial system right into a centrally deliberate financial system as has happened lately in Hungary. half II offers a theoretical research and evaluate of those platforms.

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Columns Design Ltd / Job: Jackson / Division: Chapter02 /Pg. Position: 3 / Date: 18/8 JOBNAME: Jackson PAGE: 4 SESS: 20 OUTPUT: Fri Aug 29 11:26:47 2008 32 Harold Hongju Koh explain particular rules toward broader cultural attitudes toward governance and state authority. Under Damaška’s two-by-two matrix, for example, the distrust of hearsay in Anglo-American procedure (as opposed to the relative tolerance of hearsay by civil law procedure) does not simply reflect distrust of the cognitive limitations of lay juries.

5 Asking why AngloAmerican common law rules of evidence have evolved into their current form, Damaška offered a characteristically systemic and cultural answer. He isolates the bifurcated jury trial, the temporal concentration of the hearing, and the adversarial system of dispute resolution as three distinctive institutional pillars supporting our modern Anglo-American system of evidence. Yet each pillar, he notes, is fast eroding. Jury trials are disappearing; the stages of trial are proliferating; and the rise of managerial judging, plea bargaining, settlements, administrative procedures, and alternative dispute resolution have all diluted the traditional party-driven adversarial system.

After his student days studying for his basic law degree at the University of Zagreb in Croatia, he earned * This chapter grew out of remarks delivered in November 2006 at the 230th Anniversary Ceremony for the Faculty of Law, University of Zagreb, at the awarding of the RuWer Boškovic´ Prize in Legal Science to Professor Mirjan Damaška, in conjunction with the International Conference on Global Legal Trends in Comparative Perspective. I am grateful to Dean Josip Kregar and Vice Deans Ivan Šimonovic´ and Ksenija Turkovic´ of the Faculty of Law, University of Zagreb for their extraordinary hospitality; to Kate Desormeau and Nicole Hallett of Yale Law School for their outstanding research assistance; and to Mirjan Damaška for including me in an unforgettable event in which Croatia’s President, Prime Minister, and his two law schools honoured his lifetime of achievement.

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