- Copyright Page
- Preface to the Second Edition
- Preface to the First Edition
- Notes on the Contributors
- Abbreviations
- Comparative Law Before the <i>Code Napoléon</i>
- Development of Comparative Law in France
- Development of Comparative Law in Germany, Switzerland, and Austria
- Development of Comparative Law in Italy
- Development of Comparative Law in Great Britain
- Development of Comparative Law in the United States
- Comparative Law in Central and Eastern Europe
- The Development of Comparative Law in Japan
- The Development of Comparative Law in Modern China
- Development of Comparative Law in Latin America
- Comparative Law and Comparative Knowledge
- Comparative Law in Legal Education
- The Functional Method of Comparative Law
- Comparative Law: Study of Similarities or Differences?
- Comparative Legal Families and Comparative Legal Traditions
- Comparative Law, Transplants, and Receptions
- Comparative Law and the Study of Mixed Legal Systems
- Comparative Law and its Influence on National Legal Systems
- Comparative Law and European Union Law
- Comparative Law and the Europeanization of Private Law
- Globalization and Comparative Law
- Comparative Law and the Islamic (Middle Eastern) Legal Culture
- Comparative Law and African Customary Law
- Comparative Law and Language
- Comparative Law and Legal Culture
- Comparative Law and Religion
- Comparative Law and Legal History
- Comparative Law and Socio-Legal Studies
- Comparative Law and Critical Legal Studies
- Comparative Law and Economic Analysis of Law
- New Directions in Comparative Law
- Sources Of Law and Legal Method in Comparative Law
- Comparative Contract Law
- Comparative Sales Law
- Unjustified Enrichment in Comparative Perspective
- Comparative Tort Law
- Comparative Property Law
- Comparative Succession Law
- Comparative Family Law
- Comparative Labour Law
- Comparative Company Law
- Comparative Competition Law
- Comparative Constitutional Law
- Comparative Law and Human Rights
- Comparative Administrative Law
- Comparative Criminal Law
- Comparative Civil Procedure
- Comparative Law And Private International Law
- Index
Abstract and Keywords
This essay will first examine the attempts to categorize and label procedural systems, an impulse that many comparatists cannot, but should, resist because the very exercise of creating categories invites undue generalizations. The focus will then shift to procedural harmonization, a term that encompasses a number of topics of increasing importance to proceduralists. This section forms the centrepiece of the essay because it is here that most opportunities to benefit from comparative scholarship present themselves—and are still being missed. After illustrating the dynamics and results of regional, particularly European, and supra-regional harmonization initiatives, this section identifies trends towards harmonization through private rule making and examines principles that determine the scope of, and limits to, procedural harmonization. The final section addresses the growing concern about access to justice, specifically cost considerations and claim aggregation techniques, which prompt the somewhat related questions of whether and to what extent one legal system can borrow procedural rules from another one.
Keywords: access to justice, borrowing procedural rules, private rule making, procedural harmonization, procedural law
Joachim Zekoll is Professor of Private Law, Civil Procedure, and Comparative Law, Johann Wolfgang Goethe University, Frankfurt
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- Copyright Page
- Preface to the Second Edition
- Preface to the First Edition
- Notes on the Contributors
- Abbreviations
- Comparative Law Before the <i>Code Napoléon</i>
- Development of Comparative Law in France
- Development of Comparative Law in Germany, Switzerland, and Austria
- Development of Comparative Law in Italy
- Development of Comparative Law in Great Britain
- Development of Comparative Law in the United States
- Comparative Law in Central and Eastern Europe
- The Development of Comparative Law in Japan
- The Development of Comparative Law in Modern China
- Development of Comparative Law in Latin America
- Comparative Law and Comparative Knowledge
- Comparative Law in Legal Education
- The Functional Method of Comparative Law
- Comparative Law: Study of Similarities or Differences?
- Comparative Legal Families and Comparative Legal Traditions
- Comparative Law, Transplants, and Receptions
- Comparative Law and the Study of Mixed Legal Systems
- Comparative Law and its Influence on National Legal Systems
- Comparative Law and European Union Law
- Comparative Law and the Europeanization of Private Law
- Globalization and Comparative Law
- Comparative Law and the Islamic (Middle Eastern) Legal Culture
- Comparative Law and African Customary Law
- Comparative Law and Language
- Comparative Law and Legal Culture
- Comparative Law and Religion
- Comparative Law and Legal History
- Comparative Law and Socio-Legal Studies
- Comparative Law and Critical Legal Studies
- Comparative Law and Economic Analysis of Law
- New Directions in Comparative Law
- Sources Of Law and Legal Method in Comparative Law
- Comparative Contract Law
- Comparative Sales Law
- Unjustified Enrichment in Comparative Perspective
- Comparative Tort Law
- Comparative Property Law
- Comparative Succession Law
- Comparative Family Law
- Comparative Labour Law
- Comparative Company Law
- Comparative Competition Law
- Comparative Constitutional Law
- Comparative Law and Human Rights
- Comparative Administrative Law
- Comparative Criminal Law
- Comparative Civil Procedure
- Comparative Law And Private International Law
- Index