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.
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Produktdetaljer
ISBN
9783319219813
Publisert
2018
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter