Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/33102
Title: Enforcement of Process Requirements: A Search for Solid Grounds
Authors: Crifo, Carla
First Published: 14-Sep-2013
Publisher: Oxford University Press (OUP)
Citation: Oxford Journal of Legal Studies, 2014, 34 (2), pp. 325-352 (28)
Abstract: 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.
DOI Link: 10.1093/ojls/gqt024
ISSN: 0143-6503
eISSN: 1464-3820
Links: http://ojls.oxfordjournals.org/content/34/2/325
http://hdl.handle.net/2381/33102
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © The Author 2013. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com. This is a pre-copyedited, author-produced PDF of an article accepted for publication in the Oxford Journal of Legal Studies following peer review. The version of record Oxford J Legal Studies (Summer 2014) 34 (2): 325-352 is available online at: dx.doi.org/10.1093/ojls/gqt024
Appears in Collections:Published Articles, School of Law

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