Civil Procedure and Comparative Law Between Culture and History: An Introduction to the Study of Enforcement of Court Orders and Civil Contempt of Court in Anglo-American Civil Procedure

Abstract

This study focuses on coercive measures in common law civil procedure, namely, civil contempt of court. The research employs the comparative method to reveal (and explain) the divergences from continental models, considering cultural factors in a broad sense (primarily of a historical nature). Specifically, following some general reflections on the issue of method in comparative civil procedure, the analysis will proceed to an examination of the "inherent jurisdiction" of common law courts, the role of the judge, and certain aspects of the contemporary regulation of civil contempt.