Revista da EMERJ - V. 21 - N. 3 - Setembro/Dezembro - 2019 - Tomo 1

 R. EMERJ, Rio de Janeiro, v. 21, n. 3, t. 1, p. 72-86, set.-dez., 2019  72 TOMO 1 “Doing Business” as a Purpose of Civil Justice? The Impact of World Bank Doing Business Indicators on the Reforms of Civil Justice Systems: Italy as a Case Study * Remo Caponi Università di Firenze A. The discourse about the purposes of civil justice systems is a classic topic of civil procedure scholarship. 1 The distinction between conflict-resolution and policy-implementation goals as elaborated by Mirjan Damaška in his seminal book on the faces of justice and state authority 2 can serve as an appropriate starting point. The downsides of this distinction are well-known. 3 Yet, the presence of dichotomies within the field of civil procedure is deeply rooted in its history. Civil procedure has suffered, probably more than other fields of law, from the fixing of boundaries among branches of law, in particular from the great divide between private and public law, which is a historical peculiarity arising from natural-law doctrine (XVII and XVIII century). According to the natural-law doctrine, the raison d’être of civil procedure is to overcome the status naturalis in the status civilis , as a means to * The research leading to this contribution has received funding in the framework of the research project of national interest (PRIN) 2012 (2012SAM3KM) on Codification of EU Administrative Procedures, financed by the Italian Ministry of the University (coordinator Prof. Jacques Ziller, University of Pavia). 1 This first section draws on Caponi , Harmonizing Civil Procedure: Some Initial Remarks, in: Kramer/Hess (Hg.), From Common Rules to Best Practices in European Civil Procedure, Nomos/Ashgate, 2017. 2 Damaška , The Faces of Justice and State Authority, 1986. 3 Zekoll , “Comparative Civil Procedure”, in: Zimmermann/Reimann, The Oxford Handbook of Comparative Law, 2006, 1335.