VINDICATING THE PUBLIC INTEREST THROUGH THE COURTS - A COMPARATIVIST'S CONTRIBUTION (FROM ACCESS TO JUSTICE, VOL 3, 1979, BY M CAPPELLETTI AND B GARTH - SEE NCJ-61169)

• NCJ Number: 61180
• Author(s): M CAPPELLETTI
• Date Published: 1979
• Length: 52 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands

Annotation

THIS ESSAY PRESENTS A COMPARATIVE ANALYSIS OF METHODS FOR PROTECTING THE PUBLIC INTEREST IN CIVIL LITIGATION.

Abstract

THE EMERGENCE OF COLLECTIVE, DIFFUSE INTERESTS, SUCH AS THOSE OF CONSUMERS, IS AN IDENTIFYING FEATURE OF MODERN SOCIETIES THAT ARE CHARACTERIZED BY MASS PRODUCTION, MASS CONSUMPTION, AND SITUATIONS IN WHICH INDIVIDUAL ACTIONS CAN AFFECT LARGE NUMBERS OF PEOPLE. THESE SOCIETIES HAVE, THEREFORE, BROUGHT FORTH NEW RIGHTS AND INTERESTS WHICH CONSTITUTE A NEW KIND OF 'PROPERTY' IN WHICH OWNERSHIP IS COLLECTIVE AND DIFFUSE. IN THIS SETTING, TRADITIONAL LEGAL DEFINITIONS AND INSTITUTIONS ARE INADEQUATE FOR PROTECTING THE PUBLIC INTEREST IN CIVIL LITIGATION. FOR EXAMPLE, THE TRADITIONAL SOLUTIONS (INDIVIDUAL STANDING AND THE STANDING OF THE GOVERNMENTAL ATTORNEY GENERAL) DO NOT SOLVE THE PROBLEM OF STANDING FOR DIFFUSE INTERESTS. NEWER SOLUTIONS INCLUDE (1) SPECIALIZED GOVERNMENTAL ATTORNEYS GENERAL, (2) PRIVATE ATTORNEYS GENERAL, (3) THE FRENCH 'CONSTITUTION DE PARTIE CIVILE,' (4) THE RELATOR ACTION IN ENGLAND, AND (5) CLASS ACTION IN THE U.S. SOME FEATURES OF EUROPEAN CIVIL LAW COUNTRIES PRESENT BARRIERS TO ADOPTION OF CLASS AND PUBLIC INTEREST LITIGATION, BUT EFFORTS HAVE BEEN UNDERTAKEN TO OVERCOME THESE BARRIERS. IN ADDITION, PUBLIC AND GROUP INTEREST LITIGATION HAS PRODUCED A NEW ROLE OF THE JUDGE AND HAS RAISED THE PROBLEM OF DUE PROCESS. THE NEW CONCEPTS IN THE AREA OF PROTECTING THE PUBLIC INTEREST REPRESENT A MAJOR TREND SHARED BY ALL MODERN SOCIETIES. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)