De la procédure in abstracto à la procédure « en acte »

Abstract

This article shows that applying a procedure is not a mechanical (or simple) consequence of the procedure itself. It depends upon a series of practical tasks carried out in concrete situations. This idea is illustrated by the example of a legal procedure known as the serving of writs by bailiffs’ clerks. The procedure has a general framework which must be respected in all circumstances. Nevertheless, observation shows that in practice, clerks are obliged to deal with and adapt to local circumstances and take advantage of opportunities which occur in their environment. Consequently, a distinction may be drawn between the procedure in abstracto – as a corpus of formal rules in a textbook – and the procedure « in action » – as a series of practical tasks relying upon heterogeneous resources such as written rules, data provided by local contexts, and the clerks’ experience and professional skills.

Keywords

• serving writs
• bailiffs’ clerks
• procedure
• practice
• skills
• situation