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The Dynamism of Civil Procedure - Global Trends and Developments (Hardcover, 1st ed. 2016)
Loot Price: R3,448
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The Dynamism of Civil Procedure - Global Trends and Developments (Hardcover, 1st ed. 2016)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 48
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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'etre 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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