An Oil Strike in Hell! Contemporary Legends About the Civil Justice System

Arizona Law Review, Vol. 40, No. 3, Pp.717-752, Fall 1998

Posted: 1 Sep 1999

See all articles by Marc Galanter

Marc Galanter

University of Wisconsin Law School, Madison

Abstract

Contemporary discourse about the civil justice system is laced with a set of resilient legends that are often mistaken for the products of systematic social inquiry. Many of these legends are connected with the "jaundiced view" that derides the civil justice system as unfair and mischievous. The prominence of the jaundiced view and the persistence of these legal legends are supported by a deficient knowledge base in conjunction with cognitive biases, media distortions, professional and political opportunism, interacting with the inherent indeterminacy of the legal system, and general ambivalence about the expansion of remedy.

Suggested Citation

Galanter, Marc S., An Oil Strike in Hell! Contemporary Legends About the Civil Justice System. Arizona Law Review, Vol. 40, No. 3, Pp.717-752, Fall 1998, Available at SSRN: https://ssrn.com/abstract=151352

Marc S. Galanter (Contact Author)

University of Wisconsin Law School, Madison ( email )

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