Studying the Frequency of Civil Litigation in Germany

Datos Bibliográficos

ID4084458
AutoresErhard Blankenburg (autor de correspondencia)
Año1975
Volumen9
Número2
Páginas307-319
Fecha de publicación1975-01-01
Peer ReviewedSí
Open AccessSí
TipoARTICLE
RevistaLaw & Society Review (JOURNAL)
Identificadores de la revistaISSN: 0023-9216 • E-ISSN: 1540-5893
EditorialCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/3052979
OpenAlexW2334297635
IdiomaEN
Citas recibidas8
Referencias citadas2

Little is known about the factors influencing the frequency of civil litigation. Courts do not seek their clientele actively. Rather, they wait for litigants to bring cases to them. The determinants of litigation thus have to be sought primarily outside the courts: they have to be sought by analysis of the frequency of all conflicts which are relevant to legal regulation. Conflict of itself does not produce a civil suit: there has to be some initiative to bring the issue before the court. Although we do not know the total population of all law-relevant conflicts (that is, all conflicts which might possibly be regulated by law), we may safely assume that there is a selection process which sifts out all but a small proportion of all potential conflicts. Here, conditions within the courts (among others) enter: the more expeditiously civil suits are handled, the less costly, the more accessible courts are to lay people, the more readily they will take their issues to court

Civil litigation · Civil procedure · Political science · Law · Law, Economics, and Judicial Systems · Medical Malpractice and Liability Issues