Implicitly, the argument is that, when "cost and time of litigation scales like n^2 where n is the textual length of the law," justice for litigants declined when sheer access to the necessary legal funds and time began to outweigh other costs and benefits as a factor in determining pursuit of justice. Maybe it's not self-evident, but I don't think direct quantifiable evidence of justice is necessarily available, so what qualitative evidence would be capable of confirming support?