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  • Cited by 3
Publisher:
Cambridge University Press
Online publication date:
September 2011
Print publication year:
2011
Online ISBN:
9780511842603
Subjects:
US Law, Law, Comparative Law

Book description

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.

Reviews

"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 Institute

"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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Contents

Bibliographic Notes
Critiques of American Civil Justice
1799
1802
1803
1805
1807
1809
1814
1819
1822
1827
1836
1838
1839
1846
1847
1847
1848
1849
1876
1879
1882
1885
1886
1891
1892
1895
1896
1904
1905
1905
1906
1906
1908
1911
1908
1909
1909
1910
1910
1910
1911
1911
1911
1912
1912
1912
1912
1912
1913
1913
1913
1913
1913
1914
1914
1915
1917
1915
1917
1917
1917
1917
1918
1919
1922
1923
1924
1926
1934
1934
1937
1939
1949
1952
1955
1955
1956
1958
1959
1959
1959
1959
1960
1961
1963
1964
1969
1970 to 1979
1971
1971
1972
1972
1973
1975
1975
1976
1977
1978
1978
1979
1980 to 1989
1980
1980
1981
1981
1981
1982
1983
1984
1984
1984
1985
1985
1985
1987
1988
1989
1988
1989
1989
1989
1989
1989
1990 to 1999
1990
1990
1990
1991
1991
1991
1991
1992
1993
1993
1993
1993
1994
1994
1994
1994
1996
1996
1996
1996
1996
1996
1997
1997
1997
1997
1997
1998
1998
1998
1998
1999
1999
2000 and Later
2000
2000
2001
2001
2001
2002
2002
2003
2003
2003
2004
2004
2004
2004
2004
2005
2005
2006
2006
2006
2007
2007
2008
2008
2009 http://www.du.edu/legalinstitute/pubs/ACTL-IAALS%20Final%20Report%20Revised%204???15???09.pdf
2009 http://www.instituteforlegalreform.com/component/ilr_issues/29.html
2009 http://www.instituteforlegalreform.com/component/ilr_issues/29.html
2009
2009
2009 http://www.abanet.org/litigation/survey/docs/report-aba-report.pdf
2010 http://www.instituteforlegalreform.com/component/ilr_issues/29.html
2010
2011
2011

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