Don Quixote de la Corte: Serial Litigants, Emotions, and Access to Justice

Oñati Socio-legal Series, Forthcoming

34 Pages Posted: 9 Jan 2020

See all articles by Eyal Katvan

Eyal Katvan

Peres Academic Center

Boaz Shnoor

The Academic College for Law & Science; Sha'arei Mishpat

Date Written: December 18, 2019

Abstract

Serial litigants are a well-known phenomenon. This article deals with this phenomenon on two different levels using Israel as a test-case. First, we analyze the burden serial litigants put on the judicial system as a whole, and the institutional responses to that burden, as well as the impact (both positive and negative) such serial litigants have on other people (especially in total institutions). they Second, we analyze the personal motives of serial litigants and identify their common denominators. We then show that serial litigants do not constitute a monolithic group, and suggest that courts have to take the differences between them into account. We compare serial litigants to people who suffer from health-related anxiety and suggest learning from their experience. We further propose the formulation of systemic tools that take into account both the negative and the positive aspects of serial litigants in order to strike a proper balance between the optimal allocation of resources, and the right of access to justice.

Keywords: serial litigants, courts, litigation, vexatious litigation

JEL Classification: k10, k41, z13, z18

Suggested Citation

Katvan, Eyal and Shnoor, Boaz, Don Quixote de la Corte: Serial Litigants, Emotions, and Access to Justice (December 18, 2019). Oñati Socio-legal Series, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3505842

Eyal Katvan

Peres Academic Center ( email )

P.O.Box 328
Rehovot, 76120
Israel

Boaz Shnoor (Contact Author)

The Academic College for Law & Science ( email )

Margo`a 5
Hod-Hasharon
Israel

Sha'arei Mishpat ( email )

1 Aliat Ha'Noar St.
Hod Hasharon, 45101
Israel

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