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Procedure


ISBN13: 9781855211421
ISBN: 1855211424
Published: June 1992
Publisher: Routledge
Format: Hardback
Price: Out of print





This collection of articles covering all aspects of legal procedure is divided into six main sections: general theory; procedural fairness; civil procedure; criminal procedure; alternatives to the trial; and empirical studies of procedure.

Contents:
Part 1 General theory: princples for legal procedure, M. Bayles; the principle of utility and the law of procedure - Bentham's theory of adjudication, Gerald J. Postema; an economic approach to legal procedure and judicial administration, R. Posner; rationing justice, Geoffrey C. Hazard, Jr.
Part 2 Procedural fairness: administrative due process - the quest for a dignitary theory, Jerry L. Mashaw; evaluating and improving legal procedures - a plea for process values, Robert S. Summers.
Part 3 Civil procedure: civil procedure - reflections on the comparison of systems, Banjamin Kaplan; the German advantage in civil procedure, John H. Langbein; two models of the civil process, K.E. Scott; the American advantage - the value of inefficient litigation, Samuel R. Gross; what is wrong with the adversary system?, Sir Richard Eggleston.
Part 4 Criminal procedure: evidentiary barriers to conviction and two models of a criminal procedure - a comparative study, Mirjan Damaska; ideology in criminal procedure or a third ""Model"" of the criminal process, John Griffiths.
Part 5 Alternatives to the trial: devising procedures that are civil to promote justice that is civilized, Maurice Rosenberg; managerial judges, Judith Resnick; against settlement, O.M. Fiss; approaches to court imposed compromise - the uses of doubt and reason, John E. Coons.
Part 6 Empirical studies of procedure: a theory of procedure, John Thibaut and Laurens Walker; what is procedural justice?, Tom R. Tyler.