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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
American Journal of Comparative Law – Oxford University Press
Published: Oct 1, 1997
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