REVIEWS
| Published date | 01 July 1959 |
| Date | 01 July 1959 |
| DOI | http://doi.org/10.1111/j.1468-2230.1959.tb00551.x |
REVIEWS
ADMINISTRATION
OF
JUSTICE
IN
NORWAY.
A
Brief Summary.
Edited by the Royal Norwegian Ministry of Justice.
[Oslo.
1957. 145
pp.
To
be
obtained from the Royal Norwegian
Embassy, London.
58.1
DAS
ZIVILPROZEBBRJZCET
FINNLANDB.
By Tauno Tirkkonen. Pub-
likationen des Finnischen Juristenvereins. Serie
D
No.
8.
[Helsinki.
1958.
(Obtainable from the Akateeminen Kirja-
kauppa. Helsinki.) xiv and
108
pp.
1,200
Finn.Mks.1
By DELMAR KARLEN, Professor
of
Law, New York University and
ILEAN
ARSEL, Lecturer, Faculty
of
Law, Ankara University. Joint Publication Series No.
7
of
the Legal Research Institute, Faculty of Law, University
of
Ankara and the New York University Graduate
School
of Public Administration and Social Services. [Ankara: Ajans-
Tiirk
Press
1957.
xii
and
279
pp.
20
T.L.]
CIVIL
LITIGATION
IN
TUR~EY.
THESE
three works,
all
devoted
to
the law of procedure, published at about
the same time in countries as diverse
as
Norway, Finland and Turkey are all
primarily intended
to
serve the purpose of introducing foreign lawyers to
the procedural law and the constitution of the
courts
of the country with which
they deal. They show that legal writers are now gradually becoming aware
of the pressing need within the Western world for
a
better mutual under-
standing in the field of procedure. Only those totally unacquainted with
recent developments affecting the practice of private international law
can still hold the view that comparative jurisprudence in the field of
procedure is
a
matter for
n
few academic lawyers.
It
is,
in fact, probably
of greater practical importance than the manifold endeavours in comparative
substantive law,
to
which
so
much energy is now being devoted. After all,
the first question which any practitioner confronted with an international
difficulty experienced by
a
client will ask himself must necessarily be
procedural
:
which court has jurisdiction? Once it has been ascertained that
jurisdiction is vested in
a
foreign court, he will be compelled to investigate
how the foreign courts work, an what conditions non-residents
or
foreigners
can sue there,
wliat
rules of evidence are applied, etc. It is an undoubted rule
of substantive law everywhere, that he who purchases goods in a shop must
pay the price agreed with the shopkeeper. But procedural differences may
result in
a
lawsuit based on these same facts being won in one country
and lost in another. Professor Karlen and
Dr.
Arsel deal with a hypothetical
case of jewellery sold on credit in
a
shop. They come to the conclusion
that on the same facts and on practically the same substantive law the shop-
keeper in Turkey might go to jail, while in the U.S.A. he would recover his
debt plus the costs of the action.
The three works,-all
of
which are of
a
high standard,-are illustrative of
different approaches to the problem of acquainting lawyers from one country
with the procedure of another. The Norwegian work was originally written
in the Norwegian language in response to inquiries from foreign lawyers
visiting Norway and wishing to know how justice
is
administered there.
It
was therefore mainly aimed
at
lawyers from other Scandinavian countries,
possessing the inquisitive minds of intelligent travellers. The Ministry felt
442
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