THE DYNAMISM OF CIVIL PROCEDURE - GLOBAL TRENDS AND DEVELOPMENTS
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- Author: COLIN B. PICKER
- ISBN: 9783319219806
- Availability: In Stock
Buy THE DYNAMISM OF CIVIL PROCEDURE - GLOBAL TRENDS AND DEVELOPMENTS | Law Books , New Arrivals
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.