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Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

  • Alan Uzelac

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 34)

Table of contents

  1. Front Matter
    Pages i-ix
  2. General Synthesis

  3. National Perspectives

  4. Back Matter
    Pages 261-263

About this book

Introduction

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.

Keywords

American Exceptionalism Civil Justice Developments in Mainland China Civil Justice In South America Civil Justice in Common Law Tradition Civil Justice in Contemporary World Civil Justice in Germanic Tradition Civil Justice in Northern Europe Civil Justice in Pursuit of Efficiency and Budgetary Cuts Civil Justice in Socialist and Post-Socialist Countries Civil Justice in the Western Europe Context of Goals of Civil Justice Goals of Civil Justice Judicial Activism Promoting Social Harmony Three-dimensional Justice in Hong Kong Transitional Civil Justice civil justice comparative civil procedure comparative law court litigation

Editors and affiliations

  • Alan Uzelac
    • 1
  1. 1.Department for Civil Procedure, Faculty of LawUniversity of ZagrebZagrebCroatia

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-03443-0
  • Copyright Information Springer International Publishing Switzerland 2014
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-03442-3
  • Online ISBN 978-3-319-03443-0
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site