| |
| | PAPACHELAS v. GREECE - 31423/96 [1999] ECHR 18 (25 March 1999) |
 | | The meaning of the above adage is different in purely private litigation where the State provides a conflict-resolution service in lieu of self help, i.e., to supplant the use of force by the parties. |
 | | The unacceptability of delay in private litigation is a logical consequence of the fact that the first act of the Hobbesian State is to prevent recourse to arms, as it leads, in the final analysis, to bellum omnium contra omnes, i.e., anarchy. |
 | | It is, therefore, logical that the calculation of delay in such cases should depend on the timing of the initial step of the request of the injured party, the plaintiff, for the State’s protection: volenti non fit injuria. |
| www.worldlii.org /eu/cases/ECHR/1999/18.html (8246 words) |
|