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Introduction: The Elements of Procedure: Are They Separately Portable?

Introduction: The Elements of Procedure: Are They Separately Portable? ANDREAS F. LOWENFELD Introduction : The Element s of Procedure : Ar e They Separatel y Portable? In his introduction to th e International Encyclopedia of Compar­ ative Law, Rene David asks the question whethe r th e law is a body of rules or a set of remedies. My answer would certainly be both, though some of my colleagues, and probably more of my students, thin k there is no such thing as a right without a remedy, or a judg­ ment without a marshal or sheriff. The latter view implies tha t we would not play fair but for the fear of suit, or respect the rights of others bu t for the fear of going to jail . The same attitude is reflected in the practice in France and other countries that provide tha t par­ ties, as contrasted with witnesses, may not give evidence, and in any event may not testify under oath, because it is assumed tha t they will lie to defend their own cause. For my part, I do believe tha t a central function of law is to tell persons how they should behave, and tha t (at least in a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Introduction: The Elements of Procedure: Are They Separately Portable?

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Publisher
Oxford University Press
Copyright
© 1997 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/841009
Publisher site
See Article on Publisher Site

Abstract

ANDREAS F. LOWENFELD Introduction : The Element s of Procedure : Ar e They Separatel y Portable? In his introduction to th e International Encyclopedia of Compar­ ative Law, Rene David asks the question whethe r th e law is a body of rules or a set of remedies. My answer would certainly be both, though some of my colleagues, and probably more of my students, thin k there is no such thing as a right without a remedy, or a judg­ ment without a marshal or sheriff. The latter view implies tha t we would not play fair but for the fear of suit, or respect the rights of others bu t for the fear of going to jail . The same attitude is reflected in the practice in France and other countries that provide tha t par­ ties, as contrasted with witnesses, may not give evidence, and in any event may not testify under oath, because it is assumed tha t they will lie to defend their own cause. For my part, I do believe tha t a central function of law is to tell persons how they should behave, and tha t (at least in a

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1997

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