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Author: Rijk Remme Verkerk Publisher: ISBN: 9789400000742 Category : Actions and defenses Languages : en Pages : 0
Book Description
In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
Author: Rijk Remme Verkerk Publisher: ISBN: 9789400000742 Category : Actions and defenses Languages : en Pages : 0
Book Description
In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
Author: John H. Langbein Publisher: Aspen Publishing ISBN: 0735596042 Category : Law Languages : en Pages : 1310
Book Description
This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Author: Colin W. Newbury Publisher: University of Hawaii Press ISBN: 0824880323 Category : History Languages : en Pages : 384
Book Description
Tahiti Nui is an account of the survival of a Polynesian society in the face of successive settlements of missionaries, traders, and administrators. Beginning with the first explorers and Captain Cook's scientific observations at Point Venus, Dr. Newbury has separated the various strands interwoven in the fabric of Tahitian society, tracing their development and showing how they interacted at successive stages. Missionaries and foreign traders, administrators and Polynesians, planters and immigrant Chinese have all contributed to the distinctive flavor of French Polynesia, with Tahiti and Tahitians becoming increasingly dominant, not just as the focus of the French administration in Pape'ete, but in the social networks and trading patterns that have evolved.
Author: C. H. van Rhee Publisher: Intersentia nv ISBN: 905095491X Category : Civil law Languages : en Pages : 362
Book Description
European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
Author: William M. Wiecek Publisher: Cornell University Press ISBN: 1501726455 Category : History Languages : en Pages : 309
Book Description
This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.
Author: S. Brady Publisher: Springer ISBN: 0230272363 Category : History Languages : en Pages : 265
Book Description
This book is part of a new generation of historical research that challenges prevailing arguments for the medical and legal construction of male homosexual identities in late nineteenth and early twentieth-century Britain. British society could not tolerate the discussion necessary to form medical or legal concepts of 'the homosexual'. The development of masculinity as a social status is examined, for its influence in shaping societal attitudes towards sex and sexuality between men and fostering resistance to any kind of recognition of these phenomena. Imperatives to bolster masculinity as a social status precluded public recognition of the existence of sex and sexuality between men, even in terms that were hostile and pejorative.
Author: Lall Ramrattan Publisher: Springer ISBN: 3030055574 Category : Business & Economics Languages : en Pages : 385
Book Description
The publication of Alexis de Tocqueville’s Democracy in America has kindled interest across disciplines to appraise the exceptional nature of U.S. activities. In general, however, all the published works have not focused their analyses from an economic point of view. While economics was for some a “dismal science” following Thomas Carlyle’s characterization of Malthus’ demographic model, it has increasingly become the “queen of the social sciences” for more practitioners. The book fills a gap in the literature by describing the American contributors as precursors and genuinely exceptional economists. We present their works within the state of the nation in which they advance their discipline. One is treated to both qualitative and quantitative theories in the opening chapter. Budding theories that became established theories of Economics and Finance are investigated in Chapters II and III. When President John Adams was confronted with M. Turgot’s criticisms of the American government, he resorted to a historic survey of types of government from ancient Greece to the Middle Ages. Similarly, we have included a final chapter, Chapter IV, to present the argument for American Exceptionalism in the domain of Political Economy and Economic Law over the ages.
Author: Rijk Remme Verkerk
Author: Rijk Remme Verkerk
Author: John H. Langbein
Author: Colin W. Newbury
Author: C. H. van Rhee
Author: Mary Ellen O'Connell
Author: William M. Wiecek
Author: S. Brady
Author: Lall Ramrattan
Author: 
Author: Joseph Story