Download Failures of American Civil Justice in International by James R. Maxeiner PDF
By James R. Maxeiner
American civil justice fails to fulfill the nation's wishes. America's eighteenth century founders anticipated of the nation's destiny civil justice approach that everybody "ought to acquire correct and justice freely, with out sale, thoroughly and with out denial, in a timely fashion and with out delay." Few attorneys at the present time could say that American civil justice fulfills the founders' expectancies. a few say that it really is oppressive and unjust. Many have given up the targets that the founders set. America's reformers have run out of principles. they've got no confirmed types for solving what they understand is damaged. This publication offers a comparative severe creation to civil justice structures within the usa, Germany, and Korea. It exhibits shortcomings of the yank method and compares them with German and Korean successes. The booklet exhibits international structures as a resource of principles which are confirmed to paintings. The publication informs normal readers in addition to experts.
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Extra info for Failures of American Civil Justice in International Perspective
Sample text
The statement of law found in a precedent alone is not enough; an ideal precedent should be based on facts similar to those in the case to which its application is under consideration. It should reach a similar application. Even well-crafted precedents cannot provide the benefits that less well-drafted statutes provide. Only exceptionally can precedents legitimate political decisions. ” Even if judges had the expertise and time available to legislators, they could not create comprehensive legal solutions to social and economic problems.
35 See Youngjoon Kwon, Korea: Bridging the Gap between Korean Substance and Western Form, in Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations 151, 152 (Ann Black & Gary F. , 2011); Won-Ho Lee, Kurzer Abriss über Koreanisches Recht in Vergangenheit und Gegenwart, in Festschrift für Bernhard Großfeld zum 65. , 1999). 36 Neither a long tradition of faith in institutions, such as in the United States, nor a similar tradition of faith in law, such as in Germany, exists in Korea.
At 19–20, 67–70. 6 A legal rule typically states that whenever a generally described prerequisite (P) exists, a certain consequence (C) applies. The rule thus takes the form of a syllogism: Whenever the rule’s prerequisite (P) is realized in a factual situation (F), then the consequence (C) applies. This is the major premise. 7 The conclusion then logically follows that for the factual situation F, consequence C applies. Schematically: P → C (For P – that is, for every case P – C applies) F = P (F is a case of P) F → C (For F, C applies) Typically a rule’s prerequisite consists of more than one element.