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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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The Benefits of Civil Litigation

The Benefits of Civil Litigation

The Premise

Chapter:
(p.28) 2 The Benefits of Civil Litigation
Source:
Civil Justice Reconsidered
Author(s):

Steven P. Croley

Publisher:
NYU Press
DOI:10.18574/nyu/9781479855001.003.0003

This chapter argues that while litigation is important to the parties to a case, who often seek to recover damages if successful, it is also important to society at large. In particular, civil litigation brings social benefits because litigation is the means through which legal commitments are enforced; litigation gives effect to the rule of law itself. This chapter further argues that the desirable litigation levels are achieved when parties with bona fide legal claims, and only such parties, initiate litigation.

Keywords:   litigation, rule of law, damages, social benefits, litigation levels

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