On Civil Procedure [Hardcover]

Jolowicz's comparative study examines fundamental conceptions of the law and its societal purposes.Th is comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere non-violent dispute resolution, Jolowicz conducts a comparative examination of procedural law in the attempt to explain the ideas which underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.Th is comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere non-violent dispute resolution, Jolowicz conducts a comparative examination of procedural law in the attempt to explain the ideas which underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere nonviolent dispute resolution, Jolowicz conducts a comparative examination of procedural law in an attempt to explain the ideas that underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules 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 Interestlã3