The legal system is not equipped to handle the number of cases that are filed; therefore many cases are settled outside the courts. It can be more economical and less stressful to use private ordering to mediate the party’s claim. This may result in an agreement that is well …show more content…
Victims of discrimination often do not want to believe that the victimization occurred purposefully by a knowing individual. They prefer to believe that the victimization was an accident (Bumiller 1987). Discrimination is often thought to be competitiveness within the workforce. Individuals, who cannot afford to lose their employment, and often their only source of income, do what is necessary to maintain their dignity and self-respect by avoiding the victim role (Bumiller 1987). Being viewed as a victim can generate feelings of low self-esteem, shame, weakness, and dependence on others. By making a claim the individual is forced to recognize their powerlessness in the situation. Bumiller argues this is a provocative claim that may not always be true. Most individuals would rather focus on their positive attributes rather than to think of themselves as a victim (Bumiller 1987 …show more content…
This may help eliminate the number of individuals who feel that the system is not only to complex, but that they are being looked down upon and victimized by the system. Increasing the accessibility to lawyers, specifically legal specialist, which tends to work for repeat players, would help provide equal access to adequate representation. This would improve the quality of the services OS receive in contrast to RP, and significantly improve their outcomes of litigation. This would allow OS to pursue their interest without taking an increased risk. Having a legal system that can be accessed more readily by all members of society will increase the legitimacy of the system. Scheingold’s myth of rights would no longer be valid if individuals could enact the protective legal measures required to secure their rights. The problem is not that these rights do not exist under the constitution, but rather that individuals can not access the protective legal measures to secure them. The problem persists that the RP (the Haves) have the authority to make the necessary changes, but they have no incentive to change the system in a way that jeopardizes their ability to remain in control (Galanter