Abstract and Keywords
In civil law courts, early modern civil procedure was based on the Roman-canonical model of proceedings originally developed in late medieval ecclesiastical courts and by academic scholarship. Its main features were the principle of party disposition and its corollary, the adversarial principle. These features also governed to a large extent English common law proceedings in civil litigation. The new secular and ecclesiastical social elites emerging in urban environments from the late eleventh century onwards rejected traditional forms of procedures because they perceived them as arbitrary. Early modern political developments tended to reorganize the courts’ systems in a polity under the authority of the sovereign, but in most territories, a patchwork of courts remained in place. The fundamental structure of civil proceedings remained by and large in place in the system of national courts established from the late eighteenth and early nineteenth century onwards.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.