Comparing Procedural Systems: Toward an Analytical Framework
Law and Justice in a Multistate World: Essays in Honor of Arthur T. Von Mehren (J. Nafziger & S. Symeonides eds., Transnational Publishers, 2002)
10 Pages Posted: 20 Jul 2013
Date Written: 2002
The need to develop intellectual tools for analyzing and comprehending the operations of foreign procedural systems is growing. Not only is litigation involving more than one jurisdiction becoming more common, but it is also increasingly common for individuals, firms and organizations to have contact with foreign litigation as parties or witnesses or because they may be affected by the outcome of such litigation. As yet, however, little attention has been paid to developing such tools.
My objective here then is to sketch a framework for analyzing and comparing procedural systems. I dissect procedure, identifying the elements that are necessary, that is, that must be performed by any civil litigation system. I then comment on those elements, indicate some of the ways in which they are related to each other and speculate about the potential value of the distinctions made and identifications drawn. This essay is exploratory and preliminary. It invites further development, discussions and criticism. This process of development and refinement can only be effective if scholars and practitioners from many systems participate in it, and thus my comments here address a transnational audience.
Keywords: procedural systems, international law, comparative law, jurisdiction, development
JEL Classification: K19, K23, K41, K42
Suggested Citation: Suggested Citation