Adversarial proceedings exclude many parties whom a court ruling will affect.
Evidence
Furthermore, courts confront policy issues only in adversarial proceedings, with the issues framed as disputes between two specific parties. Although other groups and interests may be affected by the court’s decision, they have no legal standing to present their views and concerns, and they may not even know about the litigation. — G. Alan Tarr, Judicial Process and Judicial…, 1475
Categorization
- XREF: connects to: Courts often make policy without information about situations their rulings affect. — G. Alan Tarr, Judicial Process and Judicial…, 1472; Horowitz’s court critique stacks real courts against an idealized legislature. — G. Alan Tarr, Judicial Process and Judicial…, 1483; Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. — Lisa Bernestein, Opting out of the Legal System, 88 (+2 more)
Broader Connections
- Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment.
#expands(0.85) — Lisa Bernestein, Opting out of the Legal System, 88 - Legal processes demand knowledge forms that exclude legitimate ways of knowing
#expands(0.80) — Jamal Awil, The Whispering Archive, 547