Overview
- The first book to cover Civil Procedure that highlights its often hidden dynamism
- Provides a rare holistic consideration of Civil Procedure Illustrates through specific and focused examinations, the coherence across systems, fields and approaches within Civil Procedure
- Brings together a group of top scholars and participants reflecting different approaches and expertise within civil procedure
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 48)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (14 chapters)
-
The Context
-
Dynamism of Specific Countries & Regions
-
Dynamism of Civil Procedure Devices & Instruments
Keywords
- Approaches and Methods in Civil Procedure
- Australian statutory derivative actions
- Brazilian Civil Procedural Law
- Chinese Civil Procedure Code
- Civil Procedure
- Civil Procedure Costs and Financing
- Civil Procedure in Europe
- Comparative Civil Procedure
- Comparative Law
- Dispute Resolution
- Dynamism within Different Legal Systems
- Evolution of Civil Procedure
- French Civil Procedure
- Future for Civil Justice in China
- Ius Commune
- Specific Areas of Civil Procedure
- Worldwide Tortuous and Human Rights Violations
About this book
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 aconclusion 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.
Editors and Affiliations
Bibliographic Information
Book Title: The Dynamism of Civil Procedure - Global Trends and Developments
Editors: Colin B. Picker, Guy Seidman
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-21981-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-21980-6Published: 23 November 2015
Softcover ISBN: 978-3-319-35468-2Published: 23 August 2016
eBook ISBN: 978-3-319-21981-3Published: 11 November 2015
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XII, 283
Topics: Fundamentals of Law, Civil Procedure Law, Private International Law, International & Foreign Law, Comparative Law, European Law