Why the Haves Come Out Ahead

Why the Haves Come Out Ahead

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This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced a€œrepeat playersa€ and inexperienced a€œone shottersa€ in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actora€™s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the a€œmajestic equalitya€ of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galantera€™s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, a€œThe great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.a€ Gordon details ways in which Galantera€™s prophesies have come true and even worsened over four decades. Talesh catalogs the articlea€™s place in legal lore: a€œseminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.a€ Talesh introduces how repeat players gain advantages in the legal system and how a€œGalanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, a€œevery law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.a€ A powerful new addition to the Classics of Law a Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.... whichare a€œinternal, a€ thatis, confined toexpression tothe otherparty, andthose which are external, thatis, seekthe intervention of thirdparties. ... Bonn(1972:262) findsthispattern even amongusers of arbitration, which is supposedly lesslethal to continuing relations than litigation. ... 45 For example, Ross (1970:193)findsthat automobile injury claimants represented by attorneys recover more frequently thananbsp;...

Title:Why the Haves Come Out Ahead
Author: Marc Galanter
Publisher:Quid Pro Books - 2014-09-15

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