2. Courts typically serve two interrelated social goals. The first is conflict resolution, whereby in the interests
Question:
2. Courts typically serve two interrelated social goals. The first is conflict resolution, whereby “in the interests of preserving the peace, society offers through the courts a mechanism for the impartial judgment of personal grievances, as an alternative to retaliation or forcible self-help.” The second is behavior modification, whereby “courts and civil process are used as a means of altering behavior by imposing costs on a person. Not the resolution of the immediate dispute but its effect on the future conduct of others is the heart of the matter.” Scott, Two Models of the Civil Process, 27 Stan. L. Rev. 937, 937–38 (1975). In addition, courts in some systems also engage in rulemaking, a function that is shared with legislatures and administrative agencies. See Sward, Values, Ideology and the Evolution of the Adversary System, 64 Ind. L.J. 301, 303 (1988/1989). What are the implications of each of these goals for the design of a civil procedure system?
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff