Litigation and appeal: contributions to a procedural analysis of the rule of law

Abstract

In the present article we are going to analyze in terms of a retrospective reflection the background on the concept of “Rule of law” that has operated in the XIX century. For that we going to establish a discussion with the methods of conceptual history and analysis on view to formulate a practical problem: the question of
the transition from civil conflict to the lawsuit trough the resource of appellation to authority. The practical antecedents of Rule of law concept are the next: the Arbiter on contractualism (Hobbes), the Judge on civil society (Locke) and the Personality on the constitutional State (Hegel). Starting from the problems that we can derive from these background, for the last, we going to refer in a summary way the manner
in which the question of lawsuit has been formulated by the XIX century thinkers of Rule of law: in there we can refer a crisis on the concept of authority