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This short article, which was prepared for a conference on civil recourse theory at Florida State University School of Law, asks whether Blackstone’s rejection of maintenance is inconsistent with the theoretical commitments of modern civil recourse theory. Blackstone strongly believed that third parties should not help victims of wrongdoing discover that they have been wronged, this article asks whether modern civil recourse theory is committed to the position (now in retreat throughout common law nations) that third parties who help strangers’ lawsuits are acting against the public interest (or, as Blackstone put it, are “pests of society . . . disturbing their neighbor’s repose”).

Publication Date

2011

Volume

39

Publisher

Florida State University Law Review

First Page

209

Keywords

Civil Recourse Theory, The Blackstone Group, court, maintenance

Disciplines

Law

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