The Relevance of Canon Law for the Formation of the Procedural Systems of Civil Law and Common Law

Abstract

Historically, canon law has developed considerable in uence on the formation of Western legal systems. Chie y, the canonical judicial system has been the epistemological reference of modern procedural systems -common law and civil law-. We can say that the search for truth for justice in each case as a historical purpose of the canonical process is also present in secular procedural systems. However, today there is a crisis of contemporary procedural systems because they have renounced the transcendent purpose of seeking truth for the bene t of other purposes immanent character. This fact leads to various problems whose solution requires reposition the search for truth for justice of the case as essential to our procedural law.