The Methods of Civil Procedural Law: Between Positive Law and Comparison

Abstract

The author critically analyzes the prevailing relationship between comparative civil procedure and the positivist method. He argues that the prominence of the principle of legality within civil procedure, combined with its conception as an ideologically neutral instrument, has reduced legal comparison to a mere description of foreign rules and institutions. In contrast, the author emphasizes the importance of methodological pluralism in approaching comparative civil procedure, highlighting the link between the aims of the comparison and the method employed.