Intersentia
has published the following:
- Jan Lokin, Michaël Milo and Jan Smits (eds), Tradition, Codification and Unification:
200 years ago many civil law jurisdictions adhered to
exclusive national codifications of private law, and abandoned the old Ius
Commune. Other jurisdictions in the civilian tradition did not engage in
codifying private law, and continued along lines of authoritative opinions,
case law and fragmented legislation. In our contemporary days the shades of
national law slowly melt away, and we imagine a future where new common laws
will continue to take shape. This book deals with this mirror image and
explores the law in its everlasting tension between tradition and change.
Historic and comparative analyses from European, Latin- American and
South-African jurisdictions provide us with perspectives on the role of
substance, methodology, institutions as well as individuals in developments of
law towards the future.- Alan Uzelac and CH van Rhee (eds), Nobody's Perfect: Comparative Essays on Appeals andother Means of Recourse against Judicial Decisions in Civil Matters:
Nobody’s perfect. Nevertheless, public confidence in the
justice system depends on the belief that decisions made in the judicial
processes are reasonably correct and accurate. Since no one has a monopoly on
ultimate correctness, a large part of trust in the correct and objective nature
of outcomes of the judicial process is rooted in the trust in the mechanisms of
quality control. However, the specific nature of the judicial process,
encapsulated in the principle of judicial independence and in the right to fair
and swift adjudication, requires specific control mechanisms that have to
achieve a sensitive balance between various aims and goals.
Based on these observations, the present book focuses on the
systems of appellate control of court judgments. The intention of the editors
is to explore the relationship between the different approaches to appeals in
national civil justice systems and their impact on the overall efficiency and
effectiveness of the legal protection of individual rights. Recognising that
any approach to appeal has to strike a balance between the ideals of
correctness, legitimacy and impeccable legal reasoning, on the one hand, and
the ideals of legal certainty, effectiveness and efficiency, on the other, the
contributors to this book were invited to discuss how contemporary justice
systems deal with this issue. This allows an evaluation of whether the issues
in debate are rather disparate or whether, on the contrary, the procedural
philosophies and approaches to appeal in different legal systems are
converging.
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