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The Dynamism of Civil Procedure - Global Trends and Developments

  • Colin B. Picker
  • Guy Seidman

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 48)

Table of contents

  1. Front Matter
    Pages i-xii
  2. The Context

    1. Front Matter
      Pages 1-1
    2. Guy I. Seidman
      Pages 3-17
    3. Guy I. Seidman
      Pages 19-44
  3. Dynamism of Specific Countries & Regions

  4. Dynamism of Civil Procedure Devices & Instruments

  5. Back Matter
    Pages 281-283

About this book

Introduction

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.

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

Editors and affiliations

  • Colin B. Picker
    • 1
  • Guy Seidman
    • 2
  1. 1.Law Faculty, University of New South WalesSydneyAustralia
  2. 2.The Interdisciplinary CenterThe Radzyner School of LawHerzliyaIsrael

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-21981-3
  • Copyright Information Springer International Publishing Switzerland 2016
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-21980-6
  • Online ISBN 978-3-319-21981-3
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site