On Civil Procedure

Jolowicz's comparative study examines fundamental conceptions of the law and its societal purposes.

J. A. Jolowicz (Author)

9780521584197, Cambridge University Press

Hardback, published 17 February 2000

444 pages
23.6 x 16 x 3.4 cm, 0.84 kg

Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Part I. The Litigation Process: 1. Civil litigation
2. Some twentieth-century developments in Anglo-American civil procedure
3. On the nature and purposes of civil procedural law
4. The dilemmas of civil litigation
Part II. Protection of Diffuse, Fragmented and Collective Interests: 5. Introduction
6. Aspects of US and French law
7. English law
Part III. Procedural Modes: 8. Civil and administrative procedure
9. Adversarial and inquisitorial approaches to civil litigation
Part IV. The Parties and the Judge: 10. Da mihi factum dabo tibi jus: a problem of demarcation in English and French law
11. Fact-finding
12. The expert, the witness and the judge in civil litigation: French and English law
13. The use by the judge of his own knowledge (of fact or law or both) in the formation of his decision
Part V. Recourse against Judgements: 14. Civil appeals in England and Wales
15. Appeal, cassation, amparo and all that: what and why?
16. Managing overload in appellate courts: 'Western' countries
Part VI. Procedural Reform: 17. 'General ideas' and the reform of civil procedure
18. Reform of English civil procedure: a derogation from the adversary system?
19. The Woolf reforms.

Subject Areas: Comparative law [LAM]