Jump to ContentJump to Main Navigation
Identified versus Statistical LivesAn Interdisciplinary Perspective$
Users without a subscription are not able to see the full content.

I. Glenn Cohen, Norman Daniels, and Nir Eyal

Print publication date: 2015

Print ISBN-13: 9780190217471

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780190217471.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 28 January 2022

Identified versus Statistical Lives in US Civil Litigation

Identified versus Statistical Lives in US Civil Litigation

Of Standing, Ripeness, and Class Actions

(p.161) 11 Identified versus Statistical Lives in US Civil Litigation
Identified versus Statistical Lives

I. Glenn Cohen

Oxford University Press

This chapter examines the way the identified versus statistical lives problem manifests itself in civil litigation in US federal courts. In section 1, it argues that federal courts push for litigants to assert claims on behalf of identified and not statistical victims because of two prerequisites for the justiciability of a controversy—standing and ripeness. In section 2, it discusses a partial solution offered by the procedural rules of civil litigation: the class action device. The class action allows for the adjudication of harms to statistical victims through the litigation of a representative identified claimant, or a “representative life”: a middle concept between identified and statistical lives where an identified life stands in for a much larger number of (as yet) statistical lives.

Keywords:   class actions, standing, justiciability, ripeness, federal courts, litigation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .