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The Individual Versus Business in the Courts |
| Section: MODERN THOUGHT / EQUAL ACCESS TO JUSTICE? |
| Author: Terence Dunworth and Theodore Eisenberg |
| Publication: The world & I online |
| Issue Date: 6/1/1991 |
| Size: 6,156 Words, 39,819 Characters |
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Preserving individual freedom is the cornerstone of American democracy. The Constitution's promise is that the smallest and weakest of us shall have the same rights as the biggest and strongest. To realize this promise, we look in large part to the nation's legal system, where rights are supposed to be least influenced by the disparities in wealth, power, and abilities that attend the human condition. And it is there that the individual, if believing himself or herself to have been wronged, has the right to challenge the powerful, organized forces that have developed as the nation has grown over the last two hundred years.
Individuals making such challenges usually confront governmental agencies or businesses, the two groups in which power and wealth are most concentrated. Cases agai...
. . .
...ties--individuals and corporations--seeking relative advantage in whatever forum--court or legislature--currently is most receptive to their view. Grievances successfully pressed in one forum may lead to reaction in the other. At any time, both parties may claim that the law and the court disfavor them. Policymakers and concerned citizens should be skeptical of extreme claims by either party.
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