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Global & Senior Global Research Fellows
Mauro Cappelletti Global Fellowship in Comparative Law
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"Eventually...the higher law of the modern constitution may become the guarantor of positive laws that make the modern right to legal aid fully effective. If such a point is ever reached, the modern world will have given a truly 'legal' answer to the legal problems of the poor, who will no longer have to depend upon the powerful, as they did under the 'political' answer of the Romans, nor upon the merciful, as they did under the 'charitable' answer of the Middle Ages." | |
| Mauro Cappelletti Toward Equal Justice: A Comparative Study of Legal Aid in Modern Societies |
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General Information
The Hauser Global Law School Program at NYU School of Law announces the establishment of The Mauro Cappelletti Global Fellowship in Comparative Law.
Mauro Cappelletti (1927-2004) was one of the giants of 20th Century comparative law. His work in comparative civil procedure, comparative constitutional law, Access to Justice, the sociology of law and European integration have left an indelible mark on their respective fields. This legacy lives on, too, through Professor Cappelletti's numerous students who occupy academic positions throughout the world, including New York University School of Law.
The Mauro Cappelletti Global Fellowship in Comparative Law necessitates the same conditions of application as the Global Research Fellowship but will specifically be awarded to one candidate whose research proposal falls into the field of comparative constitutional law, comparative civil procedure, Access to Justice, the sociology of law or European integration.
Biographical Information
Professor Mauro Cappelletti received his Doctorate in Law from the University of Florence, Italy, and was a Professor of Law at that same institution as well as at Stanford University School of Law. Additionally, he was Chairman of the Law School at the European University Institute, Florence.
Professor Cappelletti was on the International Advisory Board of the Institute of Foreign and Comparative Law at the University of South Africa. He co-directed, with Professors Joseph Weiler and Monica Seccombe, an international research project on "Methods, Tools and Potential for European Legal Integration in Light of the American Federal Experience," sponsored by the Ford Foundation and European University Institute. Lastly, he also co-directed the Access to Justice project at EUI with Earl Johnson, Jr. in the late 1970s.
For nearly thirty five years, Mauro Cappelletti was essentially concerned about fundamental issues like the orality principle, the fundamental guarantees of the proceedings and their social dimension, access to justice either by means of participation or by the protection of the so-called diffuse interests, alternative ways of guardianship and coexistential justice based on conciliation ways, the judge's role and his responsibility, not to mention, of course, the question of ideology.
Another important domain of Mauro Cappelletti's investigations were related to social dimension awareness of the proceedings, which he named copernic revolution, because it broke the traditional approach, leaving room for the procedural experts to turn their attention from law as a rule to law in its effective role in the concrete world, and thus focus the procedure in the light of the users necessities.
Mauro Cappelletti was the greatest inspirer of our times towards a more humanistic and realistic approach to feeling and thinking the procedural phenomenon. His sociological view of the proceedings, inherited from Piero Calamandrei, the shared experience of the civil law and the common law and the skill of his refined spirit to post-modernity odds made him a privileged observer of the great conflicts of value of the 20th Century, and most of all, an insuperable reformer in the studies of procedural law. (Portions excerpted from here.)
Selected Publications
[1|0] Cappelletti, Mauro; Seccombe, Monica; Weiler, Joseph. (1985) Integration through law: Europe and the American federal experience Berlin and New York: W. de Gruyter. (Book)
[2|0] Cappelletti, Mauro; Cohen, William. (1979) Comparative constitutional law: Cases and materials Indianapolis: Bobbs-Merrill. (Book)
[0|0] Cappelletti, Mauro; Gordley, James; Johnson, Earl. (1975) Toward equal justice: A comparative study of legal aid in modern societies : (text and materials) Milano and Dobbs Ferry, N.Y.: A. Giuffré. (Book)
[2|0] Cappelletti, Mauro. (1971) Judicial review in the contemporary world Indianapolis: Bobbs-Merrill. (Book)
[5|0] Cappelletti, Mauro; Merryman, John Henry; Perillo, Joseph M. (1967) The Italian legal system: An introduction Stanford, Calif.: Stanford University Press. (Book)
Cappelletti, Mauro; Kollmer, Paul J.; Olson, Joanne M. (1989) The judicial process in comparative perspective Oxford and New York: Clarendon Press. (Book Edited)