Document Type
Article
Publication Date
12-2005
Publication Title
California Law Review
Publication Title (Abbreviation)
Cal. L. Rev.
Volume
93
First Page
1697
Last Page
1719
Abstract
In the United States, a social norm discourages people from vindicating at least some of their rights in court. However, if courts are an instrument of justice and of sound public policy-for instance, if they provide fair compensation for injured parties and efficient incentives for potential injurers-then a norm against using courts is puzzling.
This Comment explores and evaluates explanations for the norm against litigation; the Comment's goal is to provide a plausible account of the norm. As such, the Comment is largely descriptive. However, normative implications may follow from my exploration; for instance, to the extent that an explanation of the norm is plausible, the explanation may help to frame the debate about tort reform in the United States.
Rights
© 2005 California Law Review, Inc.
Faculty Biography
http://law.fsu.edu/our-faculty/profiles/bayern
Recommended Citation
Shawn J. Bayern,
Explaining the American Norm Against Litigation, 93
Cal. L. Rev.
1697
(2005),
Available at: https://ir.law.fsu.edu/articles/50
Comments
Originally published in the California Law Review vol. 93 (2005).