Individual Justice in a Bureaucratic World

Abstract

The theme of this conference, "Abuse of Procedural Rights," connotes the affirmative misuse of the apparatus of procedure. Procedural abuses include: assertion of frivolous claims, interposition of frivolous defenses, unjustified protraction of litigation, efforts to escape the preclusive effects of res judicata, and so on. The papers and the discussion elaborate in detail these and other abuses of the machinery of justice. I share concern over these abuses and join in the efforts to identify and remedy them. However, any diagnosis aimed at curing legal abuses should take into account the larger legal and social context and potential negative consequences of remedial efforts.