Civil Procedure

This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. It will examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness, defining the parameters of a dispute, defining the scope of the dispute, defining the power of the courts, securing finality, and the costs of procedure.

Format: Paperback / softback
Length: 270 pages
Publication date: 30 October 2022
Publisher: West Academic Publishing

This book delves into the intricate interplay between private ordering and public intervention, examining the legal procedure as a vital component of this complex dynamic. In our modern society, people come together in diverse settings, fostering a vibrant and active state presence in our daily lives. However, inevitably, disputes arise, reflecting the diverse perspectives and interactions within our communities. These disputes, whether resolved through social norms or a fundamental understanding of right and wrong, shape our interactions and contribute to the fabric of society.

While private ordering of responsibility is often the default mechanism for resolving conflicts, it operates within the backdrop of the potential recourse to more costly public dispute resolution systems. In this sense, disputants outside the legal system engage in bargaining, often influenced by the perceived consequences of legal action. For those who cannot privately order their disputes, there exist two paramount public interests. The first is to provide a public resolution that enables future disputants to anticipate the likely outcomes should they choose to litigate. This promotes fairness, consistency, and predictability in dispute resolution, fostering a sense of trust and confidence in the legal system.

The second public interest is to achieve finality, allowing the disputants to move forward with their lives and business affairs. Finality provides a sense of closure and resolution, enabling individuals to put the past behind them and focus on the future. It is crucial for promoting stability, productivity, and social harmony.

The central focus of this book is to examine the overall structure of public dispute resolution through six fundamental concepts. These concepts include rudimentary fairness, the delicate balance between equity and efficiency, defining the parameters of a dispute in terms of issue presentation and information gathering, understanding the scope of a dispute, particularly in the context of increasingly complex litigation, examining the power of the courts, securing finality, and assessing the costs of procedure.

By exploring these concepts, this book aims to provide a comprehensive understanding of public dispute resolution. It seeks to shed light on the mechanisms, processes, and principles that govern this critical aspect of our legal system, enabling readers to navigate disputes effectively, promote fairness, and achieve resolution in a timely and cost-efficient manner.

Weight: 145g
Dimension: 236 x 159 (mm)
ISBN-13: 9781685610258
Edition number: 5 Revised edition