ABSTRACT
This chapter argues that jurisdictional competition is an important and under-appreciated factor in legal development, it certainly does not argue that competition is the sole factor. It discusses some strategies for testing the proposition more rigorously. The chapter contains background on the structure of English justice. It explores the pro-plaintiff bias with the aid of several examples. The chapter discusses constraints on the development of absurdly pro-plaintiff law, focusing on Parliament and Chancery. It argues that jurisdictional competition may have helped reduce corruption. The chapter explores changes in the nineteenth century which dampened and eventually eliminated competition and discusses the resulting pro-defendant evolution of the law. It outlines some of the many issues that remain for future research. The chapter explores another possible defence of the system: it may have helped reduce corruption. Finally, the Judicature Acts of 1873 and 1875 consolidated the royal courts into a single body, thus eliminating competition altogether.
