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Enforcement of Process Requirements: A Search for Solid Grounds

journal contribution
posted on 24.09.2015, 11:13 by Carla Crifo
The extent to which judges in the American federal system and in England and Wales respond to sanctions, in their codes of civil procedure, for non-compliance with those rules, varies according to which of two ‘philosophies of justice’ are prevalent in the judicial culture. Taking as a starting point the application of the ‘ultimate’ sanction, that of exclusion from the trial itself, in the two jurisdictions, the article first draws out the features of the two philosophies, finding them surprisingly similar in both jurisdictions. The article thereafter proposes that the choice of philosophy ought not to rest with individual judges but with the system, as structured in rules, thus suggesting a limited formalist approach to civil procedure.

History

Citation

Oxford Journal of Legal Studies, 2014, 34 (2), pp. 325-352 (28)

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

AM (Accepted Manuscript)

Published in

Oxford Journal of Legal Studies

Publisher

Oxford University Press (OUP)

issn

0143-6503

eissn

1464-3820

Copyright date

2013

Available date

25/09/2015

Publisher version

http://ojls.oxfordjournals.org/content/34/2/325

Language

en