Anglo-Saxon Res Judicata Culture for Civil Law Systems

Authors

Cesare Cavallini, Bocconi University of MilanFollow

Abstract

One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. Despite some expected resistance from academia, civil law jurisprudence has increasingly taken the forefront, often guiding legislative developments and mirroring the historical governance trajectory in Anglo-Saxon societies.

Hence, res judicata embodies a significant trend in this evolving process, whether for overruling legal precedents or introducing new legislative provisions. In one of the oldest civil law systems, the Italian system, the scope of res judicata has expanded significantly, and the primary goal of civil justice reforms and the new jurisprudence has been to reduce multiple litigations. While some differences exist, there is a growing convergence between the two legal systems on the role and impact of res judicata in preventing the relitigation of cases. Res judicata serves as a privileged lens through which familiar elements of both systems contribute to shaping a global pattern of civil justice.

Recommended Citation

Cesare Cavallini, Anglo-Saxon Res Judicata Culture for Civil Law Systems, 45 Nw. J. Int'l L. & Bus. 1 (2024).
https://scholarlycommons.law.northwestern.edu/njilb/vol45/iss1/1