Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-17T14:03:25.144Z Has data issue: false hasContentIssue false

Preface

Published online by Cambridge University Press:  07 September 2011

James R. Maxeiner
Affiliation:
University of Baltimore
James R. Maxeiner
Affiliation:
Bronxville, NY, USA
Gyooho Lee
Affiliation:
Seoul, Korea
Armin Weber
Affiliation:
Munich, Germany, EU
Gyooho Lee
Affiliation:
University School of Law, Seoul
Armin Weber
Affiliation:
Court of Appeals, Munich
Philip K. Howard
Affiliation:
Covington & Burling, LLP
Get access

Summary

Preface

It is easier to criticize than to reform.

Fleming James, Jr., Geoffrey C. Hazard, Jr., and John Leubsdorf, Civil Procedure 119 (5th ed. 2001)

Why don’t you take advantage of what has been done by the civil law, that governs at least twice as many people as the common law, is two thousand years older, and embodies a much greater amount of human experience?

Pierre Lepaulle (1929), Pioneering French international lawyer, on judicial procedure in America, as quoted by Edson R. Sunderland

Litigation is merely a means to an end, like transportation, and the same tests should apply to both. No American objects to the use of the Diesel engine because it is of German origin, nor to the radio because it is Italian, and the victims of rabies make no protest against the employment of Pasteur’s treatment because it was developed in France. In every field of human activity outside of the law men are constantly searching for new and better methods, overcoming the barriers of language and forgetting the prejudices of nationality and race.

Professor Edson R. Sunderland (1929), principal drafter of the pretrial provisions of the Federal Rules of Civil Procedure (1938)

It may be the oldest use of comparative law: You want to fix something at home that does not work well. You look next door to see how your neighbor does it.

In our book the subject of neighborly inquiry is civil justice. That American civil justice does not work well is recognized worldwide. Those subject to it were among the first to complain, but today many American lawyers, law professors, and judges will tell you the same thing.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×