Paradox of Rationalization rules become more rationalized over time through the

Paradox of rationalization rules become more

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Paradox of Rationalization-rules become more rationalized over time through the use of the law-rationalization leads to more efficient administration of the law-cases resolved more quickly-if these two processes happen at the same time, then law is just used less; more efficient ways are used, like pleas and arbitrationPerschbacker and Bassett’s Argument-law has 2 purposes: helps society by creating behavioral norms and sets precedents for future guidance, and it is the public resolution of disputes (less corruption and need to see the processto get to the truth)-but law is becoming less and less public-undermines both of law’s purposes; increasing arbitration and mediation in civil cases and more plea bargaining in criminal cases-implications mean that there is less experience with the law for practitioners and the public-non-typical cases get litigated publicly while the more normal cases are settled-precedents are missing from the law-law enforced inconsistentlyDecline of Civil Trials-civil cases are often for corporations, can be in court multiple times, need to show preponderance-criminal cases-in a separate arena, has different standards of evidence-innocent until proven guilty, beyond a shadow of a doubt-“in Suits at common law, where the value in controversy shall exceed twenty dollars, the right oftrial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in anyCourt of the United States, than according to the rules of the common law.”-US Constitution, 7thAmendment-civil trials have “declined decisively”-judges seem themselves as problem solvers so they encourage settlement-there are also more cases and more wait time so the cost and uncertainty make people more likely to settle-fewer practitioners have experience with trials so plaintiffs and defendants are more uncertain about the outcomes

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