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The Truth-Justice Tradeoff: Perceptions Of Decisional Accuracy And Procedural Justice In Adversarial And Inquisitorial Legal Systems, Justin Sevier
The Truth-Justice Tradeoff: Perceptions Of Decisional Accuracy And Procedural Justice In Adversarial And Inquisitorial Legal Systems, Justin Sevier
Scholarly Publications
Two studies provide empirical support for Thibaut and Walker’s (1978) theory that inquisitorial and adversarial dispute resolution systems are associated with different psychological values: the pursuit of truth and the pursuit of justice. Study 1 suggests that, in civil and criminal disputes, the adversarial system is perceived to produce less truth than it does justice, and less truth than does the inquisitorial system. Conversely, the inquisitorial system is perceived to produce less justice than it does truth, and less justice than does the adversarial system. Study 2 examines how legal outcomes moderate litigants’ perceptions of the truth and justice produced …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …