While the right to have one's day in court is a cherished feature
of the American democratic system, alarms that the United States is
hopelessly litigious and awash in frivolous claims have become so
commonplace that they are now a fixture in the popular imagination.
According to this view, litigation wastes precious resources,
stifles innovation and productivity, and corrodes our social fabric
and the national character. Calls for reform have sought, often
successfully, to limit people's access to the court system, most
often by imposing technical barriers to bringing suit. Alexandra
Lahav's In Praise of Litigation provides a much needed corrective
to this flawed perspective, reminding us of the irreplaceable role
of litigation in a well-functioning democracy and debunking many of
the myths that cloud our understanding of this role. For example,
the vast majority of lawsuits in the United States are based on
contract claims, the median value of lawsuits is on a downward
trend, and, on a per capita basis, many fewer lawsuits are filed
today than were filed in the 19th century. Exploring cases
involving freedom of speech, foodborne illness, defective cars,
business competition, and more, the book shows that despite its
inevitable limitations, litigation empowers citizens to challenge
the most powerful public and private interests and hold them
accountable for their actions. Lawsuits change behavior, provide
information to consumers and citizens, promote deliberation, and
express society's views on equality and its most treasured values.
In Praise of Litigation shows how our court system protects our
liberties and enables civil society to flourish, and serves as a
powerful reminder of why we need to protect people's ability to use
it.
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