Civil litigation in twentieth century Europe

2007 ◽  
Vol 75 (3) ◽  
pp. 307-319 ◽  
Author(s):  
C. H. van Rhee
Keyword(s):  
Twentieth Century ◽  
Case Management ◽  
Present Article ◽  
Civil Procedure ◽  
Civil Litigation ◽  
New Era ◽  
Starting Point ◽  
History Of ◽  
The Many ◽  
Twentieth Century Europe

AbstractThe present article adresses one of the many topics on which Raoul van Caenegem has focused during his long career: the history of civil procedure. It concentrates on the twentieth century and offers a comparative perspective. The year 1898, in which the influential Austrian Zivilprozessordnung (öZPO) of the 1st of August 1895 took effect, forms the starting point of the article. This Code inaugurated a new era in civil procedure since it introduced a judge with extensive case management powers. The final part of the article discusses the English Civil Procedure Rules, which came into force in 1999. In 1999, even the English judge, who until that time had acted as a mere 'umpire', acquired extensive case management powers. Case management by the judge is now a common European phenomenon.

15. The civil process

2020 ◽  
pp. 554-604
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included and the Woolf and Jackson Reports are discussed. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

The role of the judge in civil litigation in the 19th century: Case-management avant la lettre in Geneva, The Netherlands and Belgium

2007 ◽  
Vol 75 (2) ◽  
pp. 189-198
Author(s):  
C.H. van Rhee
Keyword(s):  
The Netherlands ◽  
Case Management ◽  
Present Article ◽  
19Th Century ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Party Autonomy ◽  
Draft Code ◽  
The 19Th Century

AbstractThe present article discusses the powers of the judge in civil litigation in three jurisdictions that have been influenced by the French Code of Civil Procedure (1806). It shows that in the 19th century these jurisdictions adopted French law but at the same time tried to reduce party autonomy by increasing the judge's directive powers. This approach was most successful in Geneva. In The Netherlands, changes in the judge's position were less pronounced, whereas a 19th century Belgian draft code, which contained a number of measures that would have increased the judge's case-management powers, was not adopted in practice.

15. The civil process

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

scholarly journals Art (and) Criticism: Hart Crane and David Siqueiros

Text Matters ◽  
2018 ◽  
pp. 229-243
Author(s):  
Alicja Piechucka
Keyword(s):  
Twentieth Century ◽  
Literary Criticism ◽  
Present Article ◽  
Art Criticism ◽  
Hart Crane ◽  
Historical Texts ◽  
Art And Literature ◽  
History Of ◽  
The Way

The article focuses on an analysis of Hart Crane’s essay “Note on the Paintings of David Siqueiros.” One of Crane’s few art-historical texts, the critical piece in question is first of all a tribute to the American poet’s friend, the Mexican painter David Siqueiros. The author of a portrait of Crane, Siqueiros is a major artist, one of the leading figures that marked the history of Mexican painting in the first half of the twentieth century. While it is interesting to delve into the way Crane approaches painting in general and Siqueiros’ oeuvre in particular, an analysis of the essay with which the present article is concerned is also worthwhile for another reason. Like many examples of art criticism—and literary criticism, for that matter—“Note on the Paintings of David Siqueiros” reveals a lot not only about the artist it revolves around, but also about its author, an artist in his own right. In a text written in the last year of his life, Hart Crane therefore voices concerns which have preoccupied him as a poet and which, more importantly, are central to modernist art and literature.

scholarly journals “Journeys are Meaningful” (Travelling, Travellers, Literary Periods, Literary Journeys)

2015 ◽  
Vol 7 (1) ◽  
pp. 7-19
Author(s):  
István Fried
Keyword(s):  
Twentieth Century ◽  
Middle Ages ◽  
Close Connection ◽  
Continuous Processes ◽  
New Era ◽  
Mise En Scene ◽  
History Of ◽  
The Relationship ◽  
Educational Journeys ◽  
The Middle Ages

Abstract If the changes of the “discourse networks” (Aufschreibesysteme) from 1800 to 1900 model the relations pertaining to the personality, to the cultural determinedness of technology and personality as well as to their interconnections (Kittler 1995), especially having in view the literary mise en scène, it applies all the more to travelling - setting out on a journey, heading towards a destination, pilgrimage and/or wandering as well as the relationship between transport technology and personality. The changes taking place in “transport” are partly of technological, partly (in close connection with the former) indicative of individual and collective claims. The diplomatic, religious, commercial and educational journeys essentially belong to the continuous processes of European centuries; however, the appearance of the railway starts a new era at least to the same extent as the car and the airplane in the twentieth century. The journeys becoming systematic and perhaps most tightly connected to pilgrimages from the Middle Ages on assured the “transfer” of ideas, attitudes and cultural materials in the widest sense; the journeys and personal encounters (of course, taking place, in part, through correspondence) of the more cultured layers mainly, are to be highly appreciated from the viewpoint of the history of mentalities and society.

Forum: Dagmar Herzog's Sexuality in Europe

2013 ◽  
Vol 22 (2) ◽  
pp. 275-275
Keyword(s):  
Twentieth Century ◽  
History Of Sexuality ◽  
Future Directions ◽  
University Of Vienna ◽  
History Of ◽  
Recent Trends ◽  
East And West ◽  
Twentieth Century Europe

This discussion of Dagmar Herzog's Sexuality in Europe (2011) continues our new series of book fora. Herzog's new overview of changing European sexual mores and behaviour offers a jumping-off point for our panellists to discuss recent trends and future directions in the history of sexuality in twentieth-century Europe, East and West. Jeffrey Weeks (London South Bank University), Franz Eder (University of Vienna), Daniel Healey (University of Reading) and Victoria Harris (University of Birmingham) give their responses, and Herzog replies.

Rise, Character, and Development of Jesuit Education

2018 ◽  
pp. 152-176
Author(s):  
Cristiano Casalini
Keyword(s):  
Twentieth Century ◽  
Jesuit Education ◽  
Early Modernity ◽  
Contemporary World ◽  
History Of ◽  
The Many

One key to the success of Jesuit education has been the tension between the recognizable mark of uniformity that long distinguished the methods, contents, and practices of Jesuit schools and their ability to adapt to different contexts and times. Both of the aspects could be said to have found explicit support in that unique foundational document, the Ratio Studiorum, which retained some sway up until the middle of the twentieth century despite the many variations and complexities that had arisen since early modernity. Soon after the Ratio fell into oblivion, Jesuit schools began to think about what made them distinctively Jesuit. There was a need to clarify the profile of their mission in the contemporary world. This chapter will sketch a history of Jesuit education, focusing on both the permanent and changing traits of its distinctive pedagogy.

Situating Tribes in History: Lessons from the Archives and the Social Sciences

2021 ◽  
Vol 53 (3) ◽  
pp. 473-476
Author(s):  
Nadav Samin
Keyword(s):  
Social Sciences ◽  
Twentieth Century ◽  
Middle East ◽  
Middle Eastern ◽  
Record Keeping ◽  
Know How ◽  
The Social ◽  
History Of ◽  
The Many ◽  
Official Records

The tribe presents a problem for the historian of the modern Middle East, particularly one interested in personalities, subtleties of culture and society, and other such “useless” things. By and large, tribes did not leave their own written records. The tribal author is a phenomenon of the present or the recent past. There are few twentieth century tribal figures comparable to the urban personalities to whose writings and influence we owe our understanding of the social, intellectual, and political history of the modern Middle East. There is next a larger problem of record keeping to contend with: the almost complete inaccessibility of official records on the postcolonial Middle East. It is no wonder that political scientists and anthropologists are among the best regarded custodians of the region's twentieth century history; they know how to make creative and often eloquent use of drastically limited tools. For many decades, suspicious governments have inhibited historians from carrying out the duties of their vocation. This is one reason why the many rich and original new monographs on Saddam Hussein's Iraq are so important. If tribes are on the margins of the records, and the records themselves are off limits, then one might imagine why modern Middle Eastern tribes are so poorly conceived in the scholarly imagination.

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