A Systemic Approach to Comparative Law: The Effect of Cost, Fee, and Financing Rules on the Development of the Substantive Law
| Autor: | J. Robert S. Prichard |
|---|---|
| Rok vydání: | 1988 |
| Předmět: | |
| Zdroj: | The Journal of Legal Studies. 17:451-475 |
| ISSN: | 1537-5366 0047-2530 |
| DOI: | 10.1086/468137 |
| Popis: | IN this article I shall explore the hypothesis that certain systematic differences in substantive law among common-law jurisdictions can be explained in part by differences among the cost, fee, and financing rules governing litigation in respective jurisdictions. Stated otherwise, my thesis is that the differences in financial incentives and other conditions governing litigation exert systematic pressures that influence, in predictable and stable ways, the development of the substantive law in different jurisdictions. In simplest terms, therefore, this article is about how procedure influences substance. To be sure, no one doubts that an understanding of procedure is an essential prerequisite to a successful comparative study.1 Yet the previous literature has largely ignored the major influences on substantive law that might be traced to the wide variation across the major common-law jurisdictions in the rules setting financial incentives for litigation. In particular, I shall emphasize the influence of these incentives on the types of cases that are brought, the evolution of judicial style and behavior, and ultimately, on the substantive content of the law. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|