NCJ Number
110551
Date Published
1985
Length
166 pages
Annotation
This book examines how dramatic changes in American social organization have impacted legal culture, particularly the demands citizens make on the legal system.
Abstract
Although the American legal profession has become extremely large and it is apparent that the scope and reach of legal process have greatly increased, the evidence for a 'litigation explosion' is ambiguous. Courts have not expanded their work quantitatively as much as the work has altered qualitatively. The American legal system has undergone significant change in the last century or so, but in attempting to explain such change, the focus should not be on courts, litigation, and lawyers so much as what is happening in society as a whole. In the early 19th century, Americans were accustomed to facing sudden disasters (disease, accidents, joblessness) without the protection of social and private insurance. Life's uncertainties and the unavailability of compensation for loss were mirrored in a culture of low legal expectations. Medical, technical, and social developments in this century have created different expectations about life. We are moving toward a general expectation of 'total justice,' i.e., recompense for all injuries and losses that are not the victim's fault. The expansion of legal rights and protections in turn creates fresh expectations, a cycle of demand and response. Chapter notes, subject index.