Premium
THE TWILIGHT OF ADVERSARINESS: TRENDS IN CIVIL JUSTICE
Author(s) -
Holland Kenneth M.
Publication year - 1982
Publication title -
policy studies journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.773
H-Index - 69
eISSN - 1541-0072
pISSN - 0190-292X
DOI - 10.1111/j.1541-0072.1982.tb00648.x
Subject(s) - adjudication , adversarial system , twilight , political science , economic justice , law and economics , law , civil procedure , sociology , physics , astronomy
The author evaluates changes in the form of civil adjudication that have occurred since the adoption of the Federal Rules of Civil Procedure in 1938. The evidence reveals a. paradoxical situation–the system has become both less and more adversarial. After identifying the causes of these opposing trends, the author concludes that the forces undermining adversariness are more powerful than those supporting the traditional model. Finally, the implications of this retreat from customary procedure are explored.