Failures of American Civil Justice in International Perspective
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- Author: James R. Maxeiner, University of Baltimore
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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.Read more
- The authors have an unparalleled combination of practical and academic experience across three systems of civil justice
- Lucid and jargon-free - it is accessible to a general audience while challenging to specialists seeking to improve their own legal systems
- Debunks the false idea that German civil procedure is inquisitorial
Reviews & endorsements
"It's a fantastic work that lays out in clear, calm language a nonspecialist can appreciate how the experience of going to court in the United States differs from that in other advanced countries -- specifically, Germany and South Korea. Ironically, foreign legal systems often achieve better results precisely by following practices that American courts once followed in earlier eras, such as narrowing the range of issues at an early stage and requiring that compulsory evidence-gathering processes be closely supervised by a judge. Waves of supposedly liberalizing reforms in this country -- such as the adoption of the Federal Rules of Civil Procedure (F.R.C.P.) in the 1930s, and the expansion of unsupervised discovery in the 1970s and 1980s -- stripped away protections against undue expense and strategic use of the process."
- Walter Olson, Cato InstituteSee more reviews
"This ambitious book critiques the American civil justice system through a comparative analysis of the United States, German, and South Korean legal systems....The book's strength is in showing how procedures and methods found in the German and Korean systems can be used to overcome shortcomings found in the American system. At first blush, I thought that given the enormity of the task, the book would prove unable to fulfill its stated goals. However, to my suyrprise and satisfaction the book accomplishes much of what it sought out to accomplish....The book is a worthy contribution to the current literature on comparative civil justice....The book should be required reading in law schools."
- Larry A. DiMatteo, Bibliothek
"Failures of American Civil Justice in International Perspective is a fundamental and innovative work, which the comparative law discussion enduringly enriches and from whose teachings every reader will receive a great profit."
- Felix Maultzsch, Juristenzeitung
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- Date Published: December 2011
- format: Adobe eBook Reader
- isbn: 9781139120098
- contains: 16 b/w illus. 10 tables
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. Civil justice: an introduction
2. Legal method: thinking like a lawyer
3. Lawyers and legal systems: access to justice
4. The court: jurisdiction and applicable law
5. Pleading: the matter in controversy
6. Process: the right to be heard
7. Judgments, appeals and outcomes
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