The Value of Rights of Action: From Civil Recourse to Class Action
16 Pages Posted: 16 Apr 2020 Last revised: 20 Apr 2020
Date Written: March 8, 2020
The ambition of this Essay is to examine the value of private rights of action, addressing the question why do private rights of action in the torts context matter. Our answer — that private rights may be instrumentally and, at times, non-instrumentally valuable to doing justice — has immediate implications for the civil-procedure law surrounding tort law. It suggests that where private rights of action are strictly instrumental, other devices may, under certain circumstances, be necessary, and possibly even sufficient, for doing justice.
Keywords: rights of action, tort law, relational justice, civil recourse, class action, standing
JEL Classification: K13
Suggested Citation: Suggested Citation