Two Valuable Treatises on Civil Procedure
نویسندگان
چکیده
These two works present technically accurate, clearly written, and very illuminating analyses of civil procedure in two leading legal systems, those of England and Germany. Both books no doubt will soon be found in all substantial law school libraries. Both should be found in libraries of law firms whose practice involves more than occasional disputes in European courts. These two studies reflect the evolving convergence of civil procedural systems in modern constitutional regimes. In the older tradition, England and Germany were the prototypes of the common law and civil law systems, respectively, the former being the “lawyer centered adversary system,” the latter the “judge centered inquisitorial system.” However, as these works demonstrate, the modern modifications in each regime have moved them towards each other. In particular, the new English system places primary authority and responsibility on the judge to give direction to the proceedings in major civil disputes, while the German system enhances the role of the advocates. In comparison with these and other systems originally derived from Europe—for example, Canada, Japan and Latin America—the American version remains distinctive for its extensive discovery and reliance on the jury.
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