Work

Responsibilities of Judges and Advocates in Civil and Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits

Year: 2006

Type: article

Abstract: In a period in which an event as interesting and important as the formulationof Principles and Rules of Transnational Civil Procedure by theAmerican Law Institute and the International Institute for the Unificationof Private Law (UNIDROIT) is sternly advancing to accommodate basicprocedural concepts for both the civil and common law systems, a centralproblem faced in such conciliation seems to be that of clarifying the actualroles and responsibilities of judges and lawyers in the conduct of a civildispute. To do so will essentially mean scrutinizing the value and validityof settled conceptions of the inherent features of civil and common lawsystems, including the notion that these systems are basically opposite eachother. In other words, we will attempt to evaluate the correctness and reliability of this assertion, as well as to the unavoidable opposition itincurs.

Source: Penn Carey Law Legal Scholarship Repository (University of Pennsylvania)

Authors: Geoffrey C. Hazard, Angelo Dondi

Institutions: University of California Hastings College of the Law, Yale University

Language: English

Topic: Comparative and International Law Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W1506208862

FWCI:

Cites:

Cited by: 34

Related to: 10