Litigation and Society

Abstract

Litigation, in ordinary speech, refers to actions contested in court; this involves a claim, a dispute or conflict, and the use of a specific institution, the court, to resolve the conflict or dispute. In the past most legal research has consisted of analysis of doctrine and theory about doctrine. But litigation is an important phenomenon in its own right and research lately has shown this. This chapter aims to sketch out a few major areas of research and theory and to add a few brief remarks about the significance of the work thus far. The topics covered include: dispute-centered and court-centered research; quantity of litigation and the so-called litigation explosion; and the impact of litigation on society.