Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change
2021; Oxford University Press; Linguagem: Inglês
10.1093/oso/9780197513248.003.0061
Autores Tópico(s)Law, Economics, and Judicial Systems
ResumoAbstract This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.
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