Description

Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country's problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions--some of which have proved remarkably durable even in the face of contrary evidence--and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today's system has in some ways overcome--albeit inconsistently--disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today--even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.

Lawsuits in a Market Economy: The Evolution of Civil Litigation

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Paperback / softback by Stephen C. Yeazell

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Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to... Read more

    Publisher: The University of Chicago Press
    Publication Date: 17/05/2018
    ISBN13: 9780226546391, 978-0226546391
    ISBN10: 022654639X

    Number of Pages: 144

    Non Fiction , Law , Education

    Description

    Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country's problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions--some of which have proved remarkably durable even in the face of contrary evidence--and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today's system has in some ways overcome--albeit inconsistently--disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today--even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.

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