Civil Procedure Law: Principles, Practice, and Action Environment

Author: [USA] Steven N. Subbotin, Martha L. Miles, Mark N. Boudreau, Thomas O. Mayers | Translators
Publisher:
Publish Date: 2004-03-01
Features: It is a great pleasure for me to see this casebook translated into Chinese and presented to Chinese readers. I have taught Civil Procedure in China before, and I understand how diligent, thoughtful, and active Chinese law professors, judges, lawyers, and law students are in their study of Civil Procedure, whether it concerns Chinese or foreign litigation systems. In this textbook, my co-authors and I have tried to present the American civil litigation process to students from three dimensions: first, the principles of the process; second, the context in which these principles develop and operate; and third, the underlying implications embedded in the practice of lawyers applying these procedures. I hope that as you read this book, you will consider the relationship between the American Civil Procedure Law and the American society, politics, and economic environment of which it is a part, and you will use the exercises to explore how American lawyers actually apply procedural rules in their cases. Two themes have helped shape my understanding of Civil Procedure. One is my curiosity about the relationship between Civil Procedure and literature: which parts of the parties' stories should courts consider and which should be ignored. What is the difference between this and the question faced by novelists and historians? The other is that, in my view, the issues of power and fairness are constrained by the creation and operation of any civil litigation system. When you engage in the study of American Civil Procedure or procedural systems in any country, it is fascinating to consider literature, power, and fairness in the context of civil procedures and civil litigation, and it is worth pondering deeply. Wishing everyone the best in your studies!