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The Dynamism of Civil Procedure: Global Trends and Developments

Edited by: Colin B. Picker, Guy Seidman

ISBN13: 9783319219806
Published: November 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £89.99

Despatched in 4 to 6 days.

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'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.

Courts and Procedure
About the Authors

Part I The Context
Chapter 1 Comparative Civil Procedure
by Guy Seidman
Chapter 2 The New Comparative Civil Procedure
Guy Seidman
Chapter 3 Comparative Law as an Engine of Change for Civil Procedure
Colin B. Picker

Part II Dynamism of Specific Countries & Regions
Chapter 4 Sources and Destiny of French Civil Procedure in a Globalized World
Loic Cadiet
Chapter 5 The U.S. Federal Rules at 75: Dispute Resolution, Private Enforcement or Decisions According to Law?
James R. Maxeiner
Chapter 6 Dynamism in China's Civil Procedure Law: Civil Justice with Chinese Characteristics
Kristie Thomas
Chapter 7 Justice under China's Civil Litigation System
Margaret Woo

Part III Dynamism of Civil Procedure Devices & Instruments
Chapter 8 Responding to Cost and Delay Through Overriding Objectives - Successful Innovation?
Michael Legg
Chapter 9 Towards Proportionality - the "Quick, Cheap and Just" Balance in Civil Litigation
Brenda Tronson
Chapter 10 Group Actions a la Mode Europeenne: A Kinder, Gentler Class Action for Europe?
Elisabetta Silvestri
Chapter 11 Class Action Procedure in Australia - Issues and Challenges
Lang Thai
Chapter 12 Australian Statutory Derivative Action - Defects, Alternative Approaches and Potential for Law Reform
Lang Thai
Chapter 13 Dynamism in U.S. Pleading Standards: Rules, Interpretation, & Implementation
Jeffrey Thomas
Chapter 14 What is "Covered" by Res Judicata in Brazilian Civil Procedural Law: the current law & Perspectives of Change
Teresa Arruda Alvim Wambier
Index. c.