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Additional info for The Legalist Reformation: Law, Politics, and Ideology in New York, 1920-1980 (Studies in Legal History)
Example text
40 Second, the conflict between conservatives and reformers that had characterized the early decades of the twentieth century continued well into the s. Despite the hopes of optimists like Cardozo, Americans in the s and early s did not constitute a single, cohesive entity progressing collectively toward a shared view of social justice. Reformers and conservatives had sharply competing visions of a just society, and they continued to battle over those visions as they had for decades.
The final doctrine tending to favor the wealthy was res judicata. 47 The apparent facial neutrality of res judicata rules misses some of the doctrine’s impact, however. Strict application of the principle of res judicata tends to favor poorer litigants, who have adequate resources for only one trial and cannot afford the costs of relitigating a matter if they win the first time around. Exceptions to the doctrine, which permit relitigation, tend to favor wealthier parties who can bear the costs. By the frequent exceptions it sanctioned,48 New York’s law of res judicata thus may have reflected at least some inarticulate bias against the poor and in favor of the rich.
47 The apparent facial neutrality of res judicata rules misses some of the doctrine’s impact, however. Strict application of the principle of res judicata tends to favor poorer litigants, who have adequate resources for only one trial and cannot afford the costs of relitigating a matter if they win the first time around. Exceptions to the doctrine, which permit relitigation, tend to favor wealthier parties who can bear the costs. By the frequent exceptions it sanctioned,48 New York’s law of res judicata thus may have reflected at least some inarticulate bias against the poor and in favor of the rich.