Abstract
The cost of civil litigation is inevitably a cause of chronic dissatisfaction with any legal system. The concern for costs has perhaps been greatest in the United States for several reasons associated with the distinctive role of civil litigation in the nation’s political system centered in what can be described as the Democratic Courthouse. This paper wonders whether the traditions of the American Democratic Courthouse can withstand the shock of contemporary and forthcoming technologies bearing on the methods and costs of litigation, and raises a few doubts on that.
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