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Extra info for English Civil Justice after the Woolf and Jackson Reforms: A Critical Analysis

Sample text

The Ptolemaic system in the fifteenth century, faced with its many intractable problems, had a choice: either accept that they were incapable of resolution through normal means or that they could only be resolved or, more accurately, dissolved, through examining and reforming the system’s basic principles. Genuine reformers embraced the second of the two. Given civil justice reform’s repeated failures over the course of the twentieth century, brought into sharp relief by the failure of the Civil Justice Review’s failed great leap forward, the time had surely come for it to face the same choice.

22 theories of justice because they make the system fit for the times and, where necessary, eliminating less-than-optimal practices. Times change, faulty practices return and further perennial reform is needed. Every justice system cannot but be subject to such regular reform; it is inescapable. There was, however, a second reason why the problems of complexity, cost and delay were still endemic during the twentieth century. Reform had been approached on a false basis. If the justice system were a scientific one, two centuries of continued resistance to reform would have led some practitioners to raise the question whether it had reached the point that Ptolemaic astronomy had reached by the fifteenth century.

Ibid. at 6, 12ff and 82ff. the crisis in civil justice 23 scientific problems there was a need to search for and implement a new form of science with new assumptions and aims. Normal science had to be recognised as being incapable of resolving problems that it ought to have been expected to resolve through the application of its accepted assumptions, principles and practices. Once such recognition arose, the first step could then be taken towards the conduct of an extraordinary investigation. 83 In order to draw out the distinction between normal science and extraordinary investigations, a further distinction needs to be drawn between two different types of question reformers can ask: internal and external.

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