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In a period in which an event as interesting and important as the formulation
of Principles and Rules of Transnational Civil Procedure by the
American Law Institute and the International Institute for the Unification
of Private Law (UNIDROIT) is sternly advancing to accommodate basic
procedural concepts for both the civil and common law systems, a central
problem faced in such conciliation seems to be that of clarifying the actual
roles and responsibilities of judges and lawyers in the conduct of a civil
dispute. To do so will essentially mean scrutinizing the value and validity
of settled conceptions of the inherent features of civil and common law
systems, including the notion that these systems are basically opposite each
other. In other words, we will attempt to evaluate the correctness and reliability of this assertion, as well as to the unavoidable opposition it

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