An Oil Strike in Hell: Contemporary Legends About the Civil Justice System

Abstract

In this chapter, the author emphasizes that contemporary legends of are not confined to the political right, nor are academic credentials proof against gullibility. He then looks at the assertions that make up the jaundiced view and identifies at least three kinds of items related to the jaundiced view: global characterizations, atrocity stories, and assertions about aggregate patterns. Strengthening the law's deficient knowledge base is rendered even more difficult by the presence of the jaundiced view. Reliance on the legal system and expectations of what it can accomplish have risen, and broad sections of the public believe that it will secure them remedy and vindication in many of life's adversities. Lobbyists, lawyers, pundits, and writers in corporate-sponsored think tanks have poured out the bad news about various disorders of the civil justice system, and their message has resounded loudly through the trade press and popular media.

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