Civil Trial and Social Justice in Italy. A Sociological Analysis of Proceedings under Art. 28 of the Workers’ Statute

Abstract

Lately a sizeable literature about the civil trial has been developing in Italy(1)**. This literature abandons legal formalism, and takes much deeper account of the economic and social premises and consequences of norms and judicial process. Though long retarded by the conservatism of legal thought, there are now new perspectives on the civil trial. Now it is seen as a means to carry out principles of social policy embodied in substantive law. This is a reaction to the false view of judicial proceedings as value-neutral, which results de facto in favoritism toward economically stronger parties. The proceedings are to be reformed so as to bring about an equality that does not now exist, given the current state of social stratification. The need for protection of the weaker party is most evident in labor trials.

This paper reports on the author’s research in progress, on the effectiveness of Art. 28 of the Worker’s Statute, financed by the Committee for National Research (C. N. R.) contract n. 72.00914.10.