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Other titles in the Cambridge Studies in International and Comparative Law series:
Cambridge Studies in International and Comparative Law #12: On Civil Procedureby J. A. Jolowicz
Synopses & Reviews
This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere nonviolent dispute resolution, Jolowicz conducts a comparative examination of procedural law in an attempt to explain the ideas that underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.
Jolowicz's comparative study examines fundamental conceptions of the law and its societal purposes.
Jolowicz's comparative study looks at civil procedure through focusing on underlying ideas of various elements of the law, the character of different systems, and the societal purposes served by civil litigation. It also considers the consequences of recent reforms in England on the future of civil litigation.
Table of Contents
Part I. The Litigation Process: 1. Civil litigation; 2. Some twentieth-century developments in Anglo-American civil procedure; 3. On the nature and purposes of civil procedural law; 4. The dilemmas of civil litigation; Part II. Protection of Diffuse, Fragmented and Collective Interests: 5. Introduction; 6. Aspects of US and French law; 7. English law; Part III. Procedural Modes: 8. Civil and administrative procedure; 9. Adversarial and inquisitorial approaches to civil litigation; Part IV. The Parties and the Judge: 10. Da mihi factum dabo tibi jus: a problem of demarcation in English and French law; 11. Fact-finding; 12. The expert, the witness and the judge in civil litigation: French and English law; 13. The use by the judge of his own knowledge (of fact or law or both) in the formation of his decision; Part V. Recourse against Judgements: 14. Civil appeals in England and Wales; 15. Appeal, cassation, amparo and all that: what and why?; 16. Managing overload in appellate courts: 'Western' countries; Part VI. Procedural Reform: 17. 'General ideas' and the reform of civil procedure; 18. Reform of English civil procedure: a derogation from the adversary system?; 19. The Woolf reforms.
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