In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.
William H. Rehnquist,
The Adversary Society: Keynote Address of the Third Annual Baron de Hirsch Meyer Lecture Series,
33 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol33/iss1/3