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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

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