Procedural Law

Abstract

In the previous chapter (1.4), we distinguished courts from legislatures by the necessity for courts to render decisions applicable to the particular parties in actual cases and controversies and by courts’ limited investigative powers. In examining procedural law, further distinctions need to be made between adjudication and other methods of resolving controversies. A prominent conception of adjudication defines it by the form of participation of the parties — “presenting proofs and reasoned arguments” (Fuller 1978, 364). However, this definition tends to beg questions about the best type of procedure, biasing it in favor of an adversary system. A more neutral conception must be a more formal one.