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Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

Galanter, Marc·1974·Law & Society Review
DOI 10.2307/3053023
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Abstract

This essay attempts to discern some of the general features of a legal system like the American by drawing on (and rearranging) commonplaces and less than systematic gleanings from the literature. The speculative and tentative nature of the assertions here will be apparent and is acknowledged here wholesale to spare myself and the reader repeated disclaimers. I would like to try to put forward some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system ;as a means of redistributive (that is, systemically equalizing) change. Our question, specifically, is, under what conditions can Iitigation be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts (or court-like agencies) and the whole penumbra of threats, feints, and so forth, surrounding such presentation.

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Metadata

Authors
Galanter, M.
Venue
Law & Society Review
Publisher
Cambridge University Press (CUP)
Published
1974
Volume
9
Issue
1
Pages
95-160
ISSN
  • 0023-9216 (ISSN-L)
  • 1540-5893
DOI
10.2307/3053023
OpenAlex
W2736643333
Cited by
2,799
References
2
FWCI
46.13
Type
journal article
Language
en
Open access
closed
Licence
www.cambridge.org/core/terms (unspecified, 18444 d)

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