Reforming Civil Procedure: The Hardest Path

Reforming Civil Procedure is a book that examines the English civil justice system, its history, and its processes. It considers the objectives of civil procedure and how it operates for and against particular societal groups, and the ideas and behaviors that impact it. The reform of civil procedure has been difficult due to questions of culture, mind-sets, values, overambitious reform efforts, and a failure to follow through on purpose clauses. This book makes a strong contribution to the field by synthesizing the work of English writers with different views, extending the work in England on the role of philosophy, values, process, and culture in litigation, and engaging extensively with American writers.

Format: Hardback
Length: 256 pages
Publication date: 16 May 2019
Publisher: Bloomsbury Publishing PLC

Reforming Civil Procedure is a comprehensive book that delves into the English civil justice system, examining its historical development and processes. It explores the objectives of civil procedure and its impact on various societal groups, considering the ideas and behaviors that shape it. The reform of civil procedure has faced numerous challenges, stemming from cultural resistance, conflicting values, overambitious reform efforts, a lack of follow-through on purpose clauses, and a swinging between laxity and rigidity without sufficient analysis.

This book makes a significant contribution to the field by synthesizing the work of English writers with diverse perspectives, extending the exploration of the role of philosophy, values, process, and culture in litigation in England, and engaging extensively with American writers who have previously received limited attention in English civil procedural studies.

The book begins by providing an overview of the English civil justice system, including its historical background and the various stages of litigation. It then delves into the objectives of civil procedure, examining how it operates for and against different societal groups. The author discusses the potential benefits and drawbacks of civil procedure, highlighting its role in promoting justice, resolving disputes, and ensuring the rights of individuals.

One of the key themes of the book is the impact of culture and mind-sets on civil procedure. The author argues that traditional legal practices and beliefs may hinder the reform process, and that a shift towards a more interdisciplinary approach is necessary to address the complex challenges facing the system. The book explores the role of philosophy, values, process, and culture in litigation, highlighting their significance in shaping the outcomes of legal cases.

The author also examines the challenges faced by specific societal groups in the civil justice system. For example, the book discusses the difficulties faced by vulnerable individuals, such as those with mental health issues or limited financial resources, in accessing justice. It explores the potential for reform to address these issues and promote greater access to justice for all.

Another important theme of the book is the role of values in civil procedure. The author argues that the values of the legal profession, such as fairness, justice, and efficiency, should be upheld, but that they should be balanced with other values, such as individual rights and social responsibility. The book explores the conflict between these values and the potential for reform to strike a better balance.

The author also discusses the impact of technology on civil procedure. The book argues that technology can be used to improve the efficiency and accessibility of the system, but that it should be used in a way that promotes justice and protects individual rights. The book explores the potential for digital litigation, e-discovery, and other technological innovations to improve the civil justice system.

The reform of civil procedure has been beset with difficulties, as highlighted by the author. Some of these difficulties are caused by questions of culture and mind-sets resistant to change, while others are caused by a confusion and conflict of values. Overambitious reform efforts can also lead to unintended consequences, and a failure to follow through on purpose clauses can undermine the effectiveness of the system.

To address these challenges, the author proposes a range of reforms. These reforms include promoting a more interdisciplinary approach to civil procedure, addressing the needs of vulnerable individuals, promoting greater access to justice, and striking a better balance between the values of the legal profession and other values. The author also suggests that technology can be used to improve the civil justice system, but that it should be used in a way that promotes justice and protects individual rights.

In conclusion, Reforming Civil Procedure is a comprehensive and insightful book that delves into the English civil justice system, examining its historical development, processes, and challenges. The book makes a significant contribution to the field by synthesizing the work of English writers with diverse perspectives, extending the exploration of the role of philosophy, values, process, and culture in litigation in England, and engaging extensively with American writers who have previously received limited attention in English civil procedural studies. By addressing the challenges faced by various societal groups and promoting a more interdisciplinary approach to civil procedure, the book offers valuable insights into the potential for reform and improvement in the civil justice system.

Weight: 540g
Dimension: 232 x 168 x 20 (mm)
ISBN-13: 9781509925902