The Code of Procedure, or the New and the Old Modes of Proceeding Compared Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law (Classic Reprint) - Softcover
Synopsis
Explore the origins and flaws of eighteenth- and nineteenth-century court procedures and discover why reformers argued for restoring traditional forms of action and pleadings.
This edition delves into the debate over law and equity, the role of commissions, and the push to create a uniform system of civil procedure. It explains how attempts to abolish familiar forms of action were framed as necessary for clearer, fairer access to justice, and why critics warned that such changes could undermine established legal safeguards.
Written as a critical examination of historical practice, this work contrasts the old courts of record with later reforms, showing how practitioners, judges, and lawmakers viewed procedure, precedents, and the distribution of legal power. The discussion remains relevant for readers interested in the foundations of modern civil procedure and the tensions between form, function, and fairness.
- Learn how “Law” and “Equity” were historically defined and how that distinction shaped pleading and relief.
- Understand the arguments for maintaining traditional forms of action against calls for uniform procedure.
- See how the evolution of procedure affected judges, lawyers, and litigants in practice.
Ideal for readers of legal history and scholars curious about the development of procedural rules in civil courts.
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The Code of Procedure (Classic Reprint)
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Paperback. Condition: New. Print on Demand. This book analyzes and critiques the legal reforms of the 19th century, particularly the New York Code of Procedure of 1848, and its subsequent deleterious effects upon the practice of law and litigation. The author, a lawyer and judge from the time of the Code's inception, traces the historical and conceptual origins of the common law system of pleading and procedure, demonstrating the superiority of its logical and formulaic approach to the reformed system's haphazard and unsystematic approach. The author argues that the reforms were ill-conceived and have led to increased complexity, confusion, and expense in the legal system. This book is a valuable resource for anyone interested in the history and philosophy of law, legal procedure, or the development of the American legal system. It provides profound insights into the nature of justice, the role of law in society, and the importance of preserving the principles of logic and reason in the administration of justice. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Seller Inventory # 9781331166641_0
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The Code of Procedure, or the New and the Old Modes of Proceeding Compared Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law Classic Reprint
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781331166641
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The Code of Procedure, or the New and the Old Modes of Proceeding Compared Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law Classic Reprint
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781331166641
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