Explaining the american Norm against litigation

In the United States, a social norm discourages people from vindicating at least some of their rights in court. However, if courts are an instrument of justice and of sound public policy -- for instance, if they provide fair compensation for injured parties and efficient incentives for potential injurers -- then a norm against using courts is puzzling. This Comment explores and evaluates explanations for the norm against litigation; the Comment's goal is to provide a plausible account of the norm. Accordingly, the Comment is largely descriptive, but normative implications may follow from my exploration; for instance, to the extent that an explanation of the norm is plausible, the explanation may help to frame the debate about tort reform in the United States. The Comment serves also as a test of prominent "law and social norms" theories; for example, reductions of social norms to signal-based theories are shown to fail to account for the norm against litigation.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,879
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

2 ( #533,576 of 1,725,256 )

Recent downloads (6 months)

1 ( #349,101 of 1,725,256 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.