Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 06 April 2020

Abstract and Keywords

This chapter examines the law-and-economics approach to civil procedure. It argues that law and economics offers tools and insights that are relevant, indeed critical, to designing an optimal procedural system no matter what normative metric is applied. Section 8.2 begins the discussion by defining more precisely what is included in the category “civil procedure”. Section 8.3 then describes the law-and-economics approach in more detail and discusses some of its strengths and limitations. Section 8.4 illustrates the usefulness of this approach by applying it to three specific procedures: court-annexed mediation, pleading, and discovery. Section 8.5 concludes by summarizing the key contributions the law-and-economics approach has made to civil procedure analysis in general and outlining directions for future work.

Keywords: civil procedure, legal system, law, economics, court-annexed mediation, pleading, discovery

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.