Taking the definition of procedure at its widest, the book discusses Lord Woolf' s Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law' s context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer' s conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system. - Includes interdisciplinary analysis and comparative material
- The author brings to bear experience and insight from many years as Solicitor General, and former MP for Dudley North
- This book complements one of the author' s previous books: Law, Government and Public Policy (Melbourne, OUP, 1987)
- The book strikes a middle ground between description and analysis making it accessible to a wide audience
- The author' s values-based approach to civil procedure makes it relevant for readers in the human rights/post-colonialism fields
Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary.
How Law Works: Machinery and Impact of Civil Justice
|Формат:|| Страниц 340|
Oxford University Press
Синтаксическая и фонетическая стилистика
Типические случаи инверсии. 1. Предикатив, выраженный существительным или прилагательным, может предшествовать подлежащему и связочному глаголу: Beau iful hose do keys were! (К. Ma sfield. he Lady's Maid) Этот тип инверсии особенно характерен для разговорной речи, где он часто сочетается с эллипсом, расчлененным вопросом и другими типичными для разговорной речи особенностями: Ar ful — was ' i ? (К. Ma sfield. he Lady's Maid), Queer how i works ou , is ' i ? (J. B. Pries ley. Da gerous Cor er) В книжной речи эллипса в этом случае нет, зато часто, хотя и не обязательно, следует инверсия связочного глагола и подлежащего: U easy lies he head ha wears a crow . (W. Shakespeare); Sure I am, from wha I have heard, a d from wha I have see . (G. G. Byro ) Средством выделения знаменательного глагола-сказуемого служит также постановка его перед подлежащим, за которым следует вспомогательный или модальный глагол: Go I mus . 2. Прямое дополнение с целью эмфазы может быть поставлено на первое место: Her love le ers I re ur ed o he de ec ives for fili g. (Gr. Gree e. E d of he Affair) 3.
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