Lawfare v. Energy: Litigation as Legislation

Lawfare v. Energy: Litigation as Legislation


The precise role of the civil lawsuit in a free society governed by the rule of law often escapes our attention. Though lawsuits can hassle, entangle, and even impoverish the parties caught up in them, their exact function is noble: Civil suits are the mechanism for enforcing a set of communal rules about fairness and prosocial behavior.

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