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Civil Justice in CrisisComparative Perspectives of Civil Procedure$
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Adrian Zuckerman

Print publication date: 1999

Print ISBN-13: 9780198298335

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298335.001.0001

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Justice in Crisis: Comparative Dimensions of Civil Procedure

Justice in Crisis: Comparative Dimensions of Civil Procedure

Chapter:
(p.2) (p.3) 1 Justice in Crisis: Comparative Dimensions of Civil Procedure
Source:
Civil Justice in Crisis
Author(s):

Adrian A. S. Zuckerman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298335.003.0001

All systems of procedure seek to do justice. Different systems of procedure employ different methods for achieving this goal. Whether the differences between systems are small or great, a comparison is inevitably called for. We look at each other in order to measure ourselves. But like any other form of assessment, this too requires some parameters, some common denominator by which we can measure and compare. This chapter develops such a set of parameters. It argues that justice has three dimensions by which it is measured. Unfortunately, these three dimensions are not entirely complementary. At times they pull in different directions and call for compromises. Compromise, therefore, is an inescapable feature of any system of justice. Once this conceptual framework has been set out, the chapter turns to individual procedures. The purpose of the analysis is to draw attention to how different systems of procedure seek to achieve the goals of justice and what compromises or sacrifices are made in the attempt to do so. This last point is perhaps the most instructive aspect of a comparison of systems, for it draws attention to the fact that what lies behind different methods of doing justice is really a difference in priorities. It is the priority given to this or that objective of justice which shapes the procedures with which we end up.

Keywords:   legal procedures, civil justice, judicial procedure, legal systems, assessment

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