Will lawyering strangle democratic capitalism
Excessive reliance on intervention through the legal process, an expression of governmental power, is seen as a threat to capitalism because the legal process is less responsive to public will. The increasing use of the courts to resolve social and economic issues is partly a result of the complex legislative process. Judges have become more receptive to public-interest issues and have broadened the definition of their jurisdiction. The transference of interests into rights in the public mind eventually leads to authoritarian resolutions and a loss of democracy. The new power of law has attracted talent away from business and into legal services to the detriment of economic growth and vitality. Lawyers benefit from the expansion of the legal process, although they fail to relate the economic ramifications of free access to the courts with the principles of capitalism and democracy. Lawyers are urged to help find a solution to the dilemma before the legal process becomes too unwieldy.
- OSTI ID:
- 6740432
- Journal Information:
- Regulation; (United States), Journal Name: Regulation; (United States) Vol. 2:2; ISSN REGUD
- Country of Publication:
- United States
- Language:
- English
Similar Records
Free Legal Services - Attracting Legal Talent for Public Involvement Groups
Basic principles of superfund litigation
Related Subjects
290200* -- Energy Planning & Policy-- Economics & Sociology
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
ADVERSARIES
COMPETITION
CONSUMER PROTECTION
COURTS
ECONOMIC GROWTH
ECONOMIC IMPACT
ECONOMIC POLICY
ENERGY POLICY
GOVERNMENT POLICIES
INTERVENORS
LAWS
LAWSUITS
LEGAL ASPECTS
LEGISLATION
MARKET
PUBLIC OPINION
REGULATIONS
SOCIAL IMPACT
SOCIAL SERVICES