Civil Processes

Judith Resnik

in The Oxford Handbook of Legal Studies

Published in print June 2005 | ISBN: 9780199248179
Published online September 2012 | | DOI:
 Civil Processes

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This article charts and analyzes the shifts in civil processes during the twentieth century by examining sequences of reformation and critique during which calls have been made for more, for less, and for different forms of process. It begins by contrasting different modes of process and by exploring the increasingly diverse paradigms of conflicts, which have prompted choices about what kind of process to provide for which kinds of disputes. Through examples from the United States, England, and Wales, the article examines aspirations for and the critiques of civil processes, which are, in turn, embedded in debates about substantive liability rules, the role of and the market for lawyers, empirical effects, and political conceptions of the utility and propriety of regulation.

Keywords: civil process; United States; England; Wales

Article.  10931 words. 

Subjects: Law ; Civil Law

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