Don Quixote de la Corte
Serial litigants are a well-known phenomenon. This article deals with this phenomenon on two different levels using Israel as a test-case. First, we analyze the impact they have on the judicial system as a whole, and the institutional responses the judicial system uses in order to deal with serial...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2021-04-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1165 |
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| _version_ | 1846157071272116224 |
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| author | Eyal Katvan Boaz Shnoor |
| author_facet | Eyal Katvan Boaz Shnoor |
| author_sort | Eyal Katvan |
| collection | DOAJ |
| description |
Serial litigants are a well-known phenomenon. This article deals with this phenomenon on two different levels using Israel as a test-case. First, we analyze the impact they have on the judicial system as a whole, and the institutional responses the judicial system uses in order to deal with serial litigants as well as the impact (both positive and negative) such serial litigants have on other litigants. Second, we analyze the personal motives of serial litigants and identify their common denominators, as well as what differentiates them. In this regard the article offers a unique approach by presenting the perspective of serial litigants and the human dimension behind their claims. We then show that serial litigants do not constitute a monolithic group, and suggest that courts have to take the differences between them into account. We further propose the formulation of systemic tools that take into account both the negative and the positive aspects of serial litigants in order to strike a proper balance between the optimal allocation of resources, and the right of access to justice.
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| format | Article |
| id | doaj-art-00afd829eb184450938e75b6421f9d57 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2021-04-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-00afd829eb184450938e75b6421f9d572024-11-25T14:58:16ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712021-04-0111210.35295/osls.iisl/0000-0000-0000-1117Don Quixote de la CorteEyal KatvanBoaz Shnoor0Center of Law & Business, Israel Serial litigants are a well-known phenomenon. This article deals with this phenomenon on two different levels using Israel as a test-case. First, we analyze the impact they have on the judicial system as a whole, and the institutional responses the judicial system uses in order to deal with serial litigants as well as the impact (both positive and negative) such serial litigants have on other litigants. Second, we analyze the personal motives of serial litigants and identify their common denominators, as well as what differentiates them. In this regard the article offers a unique approach by presenting the perspective of serial litigants and the human dimension behind their claims. We then show that serial litigants do not constitute a monolithic group, and suggest that courts have to take the differences between them into account. We further propose the formulation of systemic tools that take into account both the negative and the positive aspects of serial litigants in order to strike a proper balance between the optimal allocation of resources, and the right of access to justice. https://opo.iisj.net/index.php/osls/article/view/1165Courtsserial litigantsaccess to justice |
| spellingShingle | Eyal Katvan Boaz Shnoor Don Quixote de la Corte Oñati Socio-Legal Series Courts serial litigants access to justice |
| title | Don Quixote de la Corte |
| title_full | Don Quixote de la Corte |
| title_fullStr | Don Quixote de la Corte |
| title_full_unstemmed | Don Quixote de la Corte |
| title_short | Don Quixote de la Corte |
| title_sort | don quixote de la corte |
| topic | Courts serial litigants access to justice |
| url | https://opo.iisj.net/index.php/osls/article/view/1165 |
| work_keys_str_mv | AT eyalkatvan donquixotedelacorte AT boazshnoor donquixotedelacorte |