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Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …


Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger Jan 1988

Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger

Articles & Chapters

No abstract provided.


Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …