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Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems (Paperback, Softcover reprint of the original 1st ed. 2014)
Loot Price: R3,756
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Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems (Paperback, Softcover reprint of the original 1st ed. 2014)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 34
Expected to ship within 10 - 15 working days
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This book is a collection of papers that address a fundamental
question: What is the role of civil justice and civil procedure in
the various national traditions in the contemporary world? The book
presents striking differences among a range of countries and legal
traditions, but also points to common trends and open issues. It
brings together prominent experts, professionals and scholars from
both civil and common law jurisdictions. It represents all main
legal traditions ranging from Europe (Germanic and Romanic
countries, Scandinavia, ex-Socialist countries) and Russia to the
Americas (North and South) and China (Mainland and Hong Kong).
While addressing the main issue – the goals of civil justice –
the book discusses the most topical concerns regarding the
functioning and efficiency of national systems of civil justice.
These include concerns such as finding the appropriate balance
between accurate fact-finding and the right to a fair trial within
a reasonable time, the processing of hard cases and the function of
civil justice as a specific public service. In the mosaic of
contrasts and oppositions special place is devoted to the
continuing battle between the individualistic/liberal approach and
the collectivist/paternalistic approach – the battle in which,
seemingly, paternalistic tendencies regain momentum in a number of
contemporary justice systems.
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