The Effect of Complexity of Law on Litigation Strategy

Abstract

This chapter proposes that complexity of the law inspires litigation strategies. The chapter illustrates through reference to different areas and jurisdictions, but does not prove, the central contention that the legal system has become so complex that the rule of law has been damaged to the point where the system has become detached from the subjects it is meant to serve. The chapter points to the absence of a remedy by the legal system itself against these systemic flaws and consequently the legal strategies exploiting them, and propounds that litigation strategy is distinct from strategy merely embraced in litigation.