The Triangle of Culture, Inference, and Litigation System

Posted: 29 Feb 2008  

Richard D. Friedman

University of Michigan Law School

J. Frank Yates

University of Michigan at Ann Arbor - Department of Psychology; University of Michigan, Stephen M. Ross School of Business

Abstract

This paper considers the relationship among the inferential style characterizing a society, its litigation system, and other aspects of its culture. Differences between common law and Continental systems of litigation are associated with a stronger individualistic tendency in Anglo-American society than in Continental societies. William Twining's model of the 'rationalist' tradition in Anglo-American adjudication and evidence scholarship, as modified by an overlay of individual rights, tracks important differences between the common law system, on the one hand, and Asian litigation systems, particularly East Asian systems, on the other, and between Western and Asian styles of thinking. The paper speculates that one reason the jury system has taken root in the Anglo-American system is that Anglo-American culture is more likely to generate among its people habits and customs of deliberation that will make them willing and effective jurors.

Suggested Citation

Friedman, Richard D. and Yates, J. Frank, The Triangle of Culture, Inference, and Litigation System. Law, Probability and Risk, Vol. 2, pp. 137-150, June 2003. Available at SSRN: https://ssrn.com/abstract=805053

Richard D. Friedman (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-647-1078 (Phone)
734-764-8309 (Fax)

J. Frank Yates (Contact Author)

University of Michigan at Ann Arbor - Department of Psychology ( email )

Ann Arbor, MI 48109
United States
+1 734 763 2092 (Phone)

University of Michigan, Stephen M. Ross School of Business ( email )

701 Tappan Street
Ann Arbor, MI MI 48109
United States

Paper statistics

Abstract Views
611