Reforming Civil Procedure : The Hardest Path.

Format:

Book

Author/Creator:

De Saulles, Dominic.

Language:

English

Subjects (All):

Civil procedure.

Law reform.

Physical Description:

1 online resource (251 pages)

Edition:

1st ed.

Place of Publication:

London : Bloomsbury Publishing Plc, 2019.

Summary:

Reforming Civil Procedure by Dominic De Saulles examines the English civil justice system, focusing on its historical evolution and current processes. It critiques the objectives and challenges of civil procedure reform, highlighting cultural, theoretical, and value-based conflicts. The book synthesizes work from English and American writers, exploring the role of philosophy, values, and culture in litigation. It aims to provide insights into the complexities of implementing procedural reforms and their societal impacts. The book is intended for legal scholars, practitioners, and students interested in civil litigation and procedural law. Generated by AI.

Contents:

Intro

Acknowledgements

Table of Contents

List of Abbreviations

Introduction

History: America to 1938

I. Governing Legislation

II. Dramatis Personae

III. Chronology

IV. Narrative

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

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

II. Policy, Practicality and Proportionality

III. First Appeals - The New Regime

IV. Second Appeals - The New Regime

Bibliography

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781509925919

1509925910

OCLC:

1096524037