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Reforming Civil Procedure: The Hardest Path

Reforming Civil Procedure: The Hardest Path

Author: Dominic de Saulles
Publisher: Hart Publishing
ISBN: 9781509946099

Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509925902

List Price: HKD 415.87

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Description
Contents

Details

Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon 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