Practical Global Civil Justice: Decision According to Law in the United States, Germany and Korea: Chapter 1 Civil Justice: An Introduction to its Purposes, Methods and History
41 Pages Posted: 15 Nov 2009 Last revised: 14 Dec 2010
Date Written: February 5, 2010
This paper is superseded by a later draft of the complete book, which is available at http://ssrn.com/abstract=1711003.
This is a working draft of a chapter in a book that introduces and compares civil justice systems in the United States, Germany and Korea. This chapter introduces the shared purposes and goals of civil justice systems generally, sets out what it means to "think like a lawyer," identifies the principal sources of law in statute and precedent, and gives historical information important to understanding each of the three systems. Unlike the other chapters in the book, this chapter emphasizes attributes that the three systems share. Relying on the "open courts" clause of the Maryland Declaration of Rights, characteristic of other similar declarations of the late eighteenth century, as well as on their spiritual forerunner, section 40 of Magna Carta, this chapter identifies four criteria for use throughout the book to measure the respective systems: (1) accuracy according to law and justice, (2) procedural fairness, (3) access to justice and (4) efficiency.
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