Failures of American Civil Justice in International Perspective

Failures of American Civil Justice in International Perspective

  • £12.79
  • Save £18

James R. Maxeiner
Cambridge University Press
Edition: Reprint, 12/13/2012
EAN 9781107693791, ISBN10: 1107693799

Paperback, 344 pages, 22.9 x 15.2 x 2 cm
Language: English

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.

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
8. Conclusion.