"Civilizing" Nonjury Trials
This article is intended to make people think about American procedure, yet it is devoted largely to a description of Austrian and Israeli civil procedure and perhaps that calls for some disclaiming and confessing and avoiding. I have spent only a few months in the two countries and have no doubt that I am open to the charge, made against far more seasoned American comparatists, that I tend to look at foreign systems through American conceptual spectacles. By way of avoidance let me offer, first, the usual defense of the popularizer. There never will be many serious students of comparative law in the United States. If foreign ideas are to play any part in thinking about American law, it is essential to get some general information out to the grass roots. Secondly, as indicated above, this article is intended as a consideration, largely by implication it is true, of American procedure and it is aimed at the reader who, whatever the level of his information and interest in foreign systems, knows a good deal about American procedure. I believe that such a person's thinking about his own system is likely to be enriched by even somewhat oversimplified ideas about a foreign system.