Real Threats to Civil Justice
Real Threats to Civil Justice
Having rejected the most influential critique of civil litigation in the previous chapter, this chapter argues that a lack of access to the courts constitutes a bigger threat to civil justice. Given the high litigation costs emphasized by many reformers, there are reasons to worry that bona fide would-be litigants are too often priced out of the litigation system. This concern has special force with respect to potential litigants whose claims may be legally strong but whose expected legal remedies are modest. For them, the costs of litigation may often outweigh its anticipated benefits. Rather than too much litigation, then, the observation that litigation is costly leads more naturally to the worry that there is too little of it.
Keywords: litigation costs, access, courts, benefits, justice
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