Jump to ContentJump to Main Navigation
Freedom to HarmThe Lasting Legacy of the Laissez Faire Revival$
Users without a subscription are not able to see the full content.

Thomas O. McGarity

Print publication date: 2013

Print ISBN-13: 9780300141245

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300141245.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 24 May 2022

Civil Justice

Civil Justice

Chapter:
(p.197) 15 Civil Justice
Source:
Freedom to Harm
Author(s):

Thomas O. McGarity

Publisher:
Yale University Press
DOI:10.12987/yale/9780300141245.003.0016

This chapter explains that the state common law serves as an institutional counterweight to a regulatory system which is too easily controlled by the very interests it is supposed to be controlling. Common law juries cannot be lobbied or captured by well-endowed special interests, and there are no revolving doors to the jury box. At the outset of the Laissez Faire Revival, there was not the slightest indication that ordinary citizens were dissatisfied with the American civil justice system. Several of the most frequently enacted reforms had devastating impacts on low- and middle-income Americans, who were the most vulnerable to the consequences of corporate malfeasance. Thus, instead of targeting unwarranted litigation, state legislatures attempted to reduce all litigation through brute-force restrictions on the rights of plaintiffs to bring certain kinds of lawsuits and the discretion of jurors to award damages.

Keywords:   state common law, regulatory system, jury, Laissez Faire Revival, American civil justice system, lawsuits

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.