Home >
Law >
Courts and Procedure >
The Dynamism of Civil Procedure: Global Trends and Developments

The Dynamism of Civil Procedure: Global Trends and Developments

Author: Colin B. Picker; Guy Seidman
Publisher: Springer-Verlag
ISBN: 9783319219806
Published In: November 2015
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,196.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata.

Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

Preface

About the Authors

Part I The Context

Chapter 1 Comparative Civil Procedure

by Guy Seidman

Chapter 2 The New Comparative Civil Procedure

Guy Seidman

Chapter 3 Comparative Law as an Engine of Change for Civil Procedure

Colin B. Picker

Part II Dynamism of Specific Countries & Regions

Chapter 4 Sources and Destiny of French Civil Procedure in a Globalized World

Loic Cadiet