The authors trace the development of the class action from its roots nearly 1,000 years ago to the liberally available class action device that exists today. The immediate precursor of the modern class action is the representative action, which was made available in the common law courts following the fusion of Law and Equity in 1873. The representative action remained restricted in application with the result that eventually legislatures introduced class procedures. However, the authors argue that although the use of the class action device has greatly expanded in the modern era, this growth has not always been progressive. Rather, its growth has been realized in “fits and starts,” as at various times, courts, legislatures, and enforcement agencies have contributed to the definition of the scope and application of the class action device. Class actions are important procedural tools that often enable individuals to achieve justice, however, the ongoing interplay between the courts, legislatures, and regulatory agencies also has the potential to be a restraining influence, to tame abuses, and finally, to define the scope of class actions in the most efficient and effective way for all involved.
Eizenga et al. (Sat,) studied this question.