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What price civil justice?




In the jurisdictions both of England and Wales and of Scotland, the civil justice system is currently the subject of intense critical appraisal. This paper considers the current status of civil justice, beginning by asking what we expect from our system of civil justice and going on to analyse the supply and demand of civil legal services in market terms. The authors conclude that there is scope in the system for substantial experimentation with procedural reform. They suggest that as much as possible should be done to encourage the development of a cafeteria-style of civil justice system with improved information flows for consumers, and provision for innovations such as cost capping and risk sharing between legal representatives and clients, so providing consumers with more freedom of choice.

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  • Brian G Main & Alan Peacock, 1998. "What price civil justice?," ESE Discussion Papers 6, Edinburgh School of Economics, University of Edinburgh.
  • Handle: RePEc:edn:esedps:6

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    References listed on IDEAS

    1. Rosen, Sherwin, 1992. "The Market for Lawyers," Journal of Law and Economics, University of Chicago Press, vol. 35(2), pages 215-246, October.
    2. Neil Rickman & Paul Fenn, 1998. "Insuring Litigation Risk: Some Recent Developments in England and Wales*," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 23(2), pages 210-223, April.
    3. William Baumol, 1996. "Children of performing arts, the economic dilemma: The climbing costs of health care and education," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 20(3), pages 183-206, September.
    4. Rosen, Sherwin, 1981. "The Economics of Superstars," American Economic Review, American Economic Association, vol. 71(5), pages 845-858, December.
    5. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
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