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Reforming Civil Procedure: The Hardest Path

Reforming Civil Procedure: The Hardest Path

Name: Reforming Civil Procedure: The Hardest Path
Brand: Hart Publishing
SKU: 9781509925902
Price: 1008.80 HKD
Availability: InStock
Author: Dominic de Saulles
ISBN: 9781509925902

By Dominic de Saulles

Hart Publishing May 2019

Specifications

ISBN-13: 9781509925902
Publisher: Hart Publishing
Publication: May 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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Drawing on political, social and economic theory, this book focuses on the English civil justice system, looking at its history and its processes. It considers its objectives and how it operates for and against particular societal groups, and what ideas and behaviours impact it.

The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis.

This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process, and culture in litigation and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.

History: America to 1938

1. Purposes and Functions

I. The Need for Theory

II. Complexity and Intertwining

III. The Function of Civil Procedure

IV. Society and the Courts

V. The Social World

VI. Pragmatism

VII. Management and Justice

VIII. The Function of the English Civil Justice System

IX. Reading the Rules

X. Conclusion

2. What is Civil Procedure For?

I. American Themes and Perspectives

II. English Themes and Perspectives

3. Intention, Action and Outcome in Anglo-American Civil Procedure

I. The Rules of the Supreme Court (1883 and 1965)

II. The Federal Rules of Civil Procedure (1938)

III. The Civil Procedure Rules 1998

4. Voyages in a New World: The Unanticipated Consequences of Civil Justice Reform

I. Introduction

II. History and a New Paradigm

5. Defending the Civil Justice System: The Function of Sanctions

I. Introduction

II. Systems

III. Analysis of Sanctions

IV. Reform of Sanctions

6. Process Costs and Error Costs: The Reform of Civil Appeals in Anglo-American Perspective

I. Introduction

II. Policy, Practicality and Proportionality

III. First Appeals – The New Regime

IV. Second Appeals – The New Regime

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