Conclusion: friction and the law

The model for quantitative analyses in the field of comparative law presented in this book focuses on the main variables of friction and time. Our main idea is that the purpose of legal rules is to prevent rather than resolve conflicts. According to the classic analysis of Hart and Sacks, only issues that have failed to be resolved privately should reach the courts. This phrase is usually interpreted in terms of the market and the possibili- ties for a contractual agreement between the parties. But it has a much wider meaning. Even a bureaucratic dispute in the midst of a rigidly socialist organ- ization can be resolved in advance, without having to resort to the administra- tive bodies responsible for disputes. Thus, we believe it is true of any society, whatever its ideology, that the primary purpose of regulation is to avoid the intervention of the courts or other legal bodies responsible for formal conflict resolution