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In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal...
This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that h...
Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs’ cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and co...
Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.
This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to...
The right to litigate in person is fiercely protected in common law jurisdictions, but litigants in person nonetheless pose serious challenges to the administration of justice. By examining the theoretical underpinnings of the right to self-representation, this book provides a new perspective in the debate over access to justice.
The Internet of Things (IoT) has attracted much attention from society, industry and academia as a promising technology that can enhance day to day activities, and the creation of new business models, products and services, and serve as a broad source of research topics and ideas. A future digital society is envisioned, composed of numerous wireless connected sensors and devices. Driven by huge demand, the massive IoT (mIoT) or massive machine type communication (mMTC) has been identified as one of the three main communication scenarios for 5G. In addition to connectivity, computing and storage and data management are also long-standing issues for low-cost devices and sensors. The book is a collection of outstanding technical research and industrial papers covering new research results, with a wide range of features within the 5G-and-beyond framework. It provides a range of discussions of the major research challenges and achievements within this topic.
International Perspectives on Violence Risk Assessment includes chapters by leading risk assessment scholars in more than 15 countries and explores the topic from a truly international outlook. Using findings from the seminal International Risk Survey (IRiS), the largest qualitative study in the history of the field, current assessment, management, and monitoring practices on six continents are explored.
Drawing on insights from theoretical engagements with borders and subalternity, Beyond Religion in India and Pakistan suggests new frameworks for understanding religious boundaries in South Asia. It looks at the ways in which social categories and structures constitute the bordering logics inherent within enactments of these boundaries, and positions hegemony and resistance through popular religion as an important indication of wider developments of political and social change. The book also shows how borders are continually being maintained through violence at national, community and individual levels. By exploring selected sites and expressions of piety including shrines, texts, practices ...