Jump to ContentJump to Main Navigation
Collective Access to JusticeAssessing the Potential of Class Actions in England and Wales$
Users without a subscription are not able to see the full content.

Michael Molavi

Print publication date: 2021

Print ISBN-13: 9781529210002

Published to Policy Press Scholarship Online: September 2021

DOI: 10.1332/policypress/9781529210002.001.0001

Show Summary Details
Page of

PRINTED FROM POLICY PRESS SCHOLARSHIP ONLINE (www.policypress.universitypressscholarship.com). (c) Copyright Policy Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PPSO for personal use.date: 28 November 2021

Understanding the Economics of Class Actions

Understanding the Economics of Class Actions

Chapter:
(p.87) Four Understanding the Economics of Class Actions
Source:
Collective Access to Justice
Author(s):

Michael Molavi

Publisher:
Policy Press
DOI:10.1332/policypress/9781529210002.003.0004

This chapter delves into one of the strongest arguments in favour of the access to justice potential of class actions, which can be found in the rational choice theory of orthodox economics. It explains the economic access to justice framework that is based on the recognition that the class action allows the pursuit of claims that would not be pursued by rational actors. It also talks about how class actions allow the pursuit of negative value claims or claims in which the value of the claim is outweighed by the costs of its pursuit. The chapter elaborates how allowing for ideological representatives to advance claims on behalf of harmed groups can contribute towards preventing injustices by deterring misconduct by potential wrongdoers. It explores important issues pertaining to the economics of class actions that impact the access to justice and are achieved through mass litigation.

Keywords:   rational choice theory, orthodox economics, economic access, mass litigation, negative value claims, class actions, access to justice

Policy Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.