Justice between simplification and formalism

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A recent comparative economics study, specifically in "numerical comparative law," developed an index of procedural formalism in dispute resolution across over 100 countries and examined its correlation with judicial system quality. The findings indicate a strong link between legal origins, formalism, and the quality of dispute resolution, leading to a reform recommendation. The significance of this study lies not only in its data-backed conclusions, which suggest universal applicability, but also in the financial backing from the World Bank, highlighting its interest in these issues. While similar research in banking, securities, and corporate law has garnered substantial attention, this study on civil procedure has not received the same level of scrutiny. Christoph Kern offers a critical analysis from a legal scholar's viewpoint, emphasizing methodology and underlying legal questions rather than mere re-coding. After an in-depth examination of the study's inputs, Kern evaluates how the data is combined and the interpretation of results. He ultimately concludes that the study presents a mixed impression, leaving room for skepticism regarding its findings and interpretations.