The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
The Parable of the Forms
Why is it so hard to have a single uniform procedure?
The aspiration of the Federal Rules of Civil Procedure is to have a single uniform procedure for every kind of case. As others have noted, including Alexandra Lahav and David Marcus, there is increasing pressure for procedural specialization, for having different kinds of procedures for different kinds of cases. If this question interests you–or you've ever wondered about the forms of action and why we've gotten rid of them (if we have)–you might enjoy "The Parable of the Forms."
