Failures of American Civil Justice in International Perspective

Failures of American Civil Justice in International Perspective
Author: James Maxeiner
Publisher:
Total Pages: 310
Release: 2011
Genre: Justice, Administration of
ISBN: 9781139113557

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"Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system"--Provided by publisher.

Failures of American Civil Justice in International Perspective

Failures of American Civil Justice in International Perspective
Author: James R. Maxeiner
Publisher: Cambridge University Press
Total Pages:
Release: 2011-08-29
Genre: Law
ISBN: 1139504894

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Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.

Transformation of Civil Justice

Transformation of Civil Justice
Author: Alan Uzelac
Publisher: Springer
Total Pages: 412
Release: 2018-09-03
Genre: Law
ISBN: 3319973584

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National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

Law and Popular Culture

Law and Popular Culture
Author: Michael Asimow
Publisher: Cambridge Scholars Publishing
Total Pages: 425
Release: 2014-06-12
Genre: Law
ISBN: 1443861588

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Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs, fiction, children’s literature, online games, and the mass media typically influence attitudes and impressions regarding law and legal institutions more than law and legal institutions themselves. Law and Popular Culture: International Perspectives enhances the appreciation of the interaction between popular culture and law by underscoring this interaction’s multinational and international features. Two dozen authors from nine countries invite readers to consider the role of law-related popular culture in a broad range of nations, socio-political contexts, and educational environments. Even more importantly, selected contributors explore the global transmission and reception of law-related cultural products and, in particular, the influence of assorted works and media across national borders and cultural boundaries. The circulation and consumption of law-related popular culture are increasing as channels of mass media become more complex and as globalization runs its uncertain course. Law and Popular Culture: International Perspectives adds to the critical understanding of the worldwide interaction of popular culture and law and encourages reflection on the wider implications of this mutual influence across both time and geography.

Restorative Justice

Restorative Justice
Author: Burt Galaway
Publisher:
Total Pages: 540
Release: 1996
Genre: Law
ISBN:

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This edited collection considers the theory, research and practice of restorative justice in Australia, New Zealand, the US, Canada, England and Wales, Japan and Germany. There is also one section dedicated to restorative justice practice among Indigenous peoples.

Conversations on Justice from National, International, and Global Perspectives

Conversations on Justice from National, International, and Global Perspectives
Author: Jean-Marc Coicaud
Publisher: Cambridge University Press
Total Pages: 419
Release: 2019-01-03
Genre: Law
ISBN: 1316510093

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Authors from a variety of fields including law, political science, international relations and economics discuss matters of justice at the national, international and global levels.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Author: Alan Uzelac
Publisher: Springer Science & Business Media
Total Pages: 262
Release: 2014-01-11
Genre: Law
ISBN: 331903443X

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This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

International Perspectives on Consumers' Access to Justice

International Perspectives on Consumers' Access to Justice
Author: Charles E. F. Rickett
Publisher: Cambridge University Press
Total Pages: 444
Release: 2003-03-20
Genre: Law
ISBN: 1139436821

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Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena. Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions. This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.

Technology, the Global Economy and Other New Challenges for Civil Justice

Technology, the Global Economy and Other New Challenges for Civil Justice
Author: Koichi Miki
Publisher:
Total Pages: 0
Release: 2021
Genre: Due process of law
ISBN: 9781780689715

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This is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. Inter alia, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role.Technology, the Global Economy and other New Challenges for Civil Justice is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.