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PaperclipPerfector  1yr ago (text post)   30379 thread views

Culture War Roundup for the week of May 8, 2023

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First, if someone loses, then someone wins.

This isn't true on a practical level. You can have a lawsuit where both parties end up worse off, even if there's a winner in the sense "the lawyers get paid".

justice system is the only method that the underdog has to hold overdogs to account.

The justice system is a double edged sword and can be used to hurt the underdog as well as help. Ideally it would not, but we don't have an ideal one.

You can have a lawsuit where both parties end up worse off, even if there's a winner in the sense

But that was clearly not what you were referring to.

The justice system is a double edged sword and can be used to hurt the underdog as well as help.

No one said otherwise. Nevertheless, as noted, the overdog has many other weapons at his disposal, while the underdog has but one. Hence, rules making lawsuits more difficult to bring tend to harm the underdog more. That is particularly true re statutes of limitations, since overdogs are more likely to have access to, or ability to uncover, evidence of wrongdoing that forms the basis of the lawsuit, and are also more able to retain legal counsel.

But that was clearly not what you were referring to.

It's exactly what I was referring to. If Trump had won the lawsuit, that's still a loss, just not as big a loss. His accuser loses too. Both sides lose.

Hence, rules making lawsuits more difficult to bring tend to harm the underdog more.

That's true because you hedged it with the word "tend".

Rules that make it hard to bring lawsuits help underdogs who get sued. It doesn't matter how much money Trump has, having to bring evidence about what he did 30 years ago is not something he can use money for. It's fundamentally unfair to the person getting sued and is why we normally have statutes of limitations.

That's true because you hedged it with the word "tend".

This is merely a claim that there are no rules that always help only one group. That goes without saying.

As I said, the overdog has many other weapons at his disposal, while the underdog has but one.

It's fundamentally unfair to the person getting sued and is why we normally have statutes of limitations.

No one said otherwise.

As I said, the overdog has many other weapons at his disposal, while the underdog has but one.

Trump's the underdog here.

As I said previously, that seems to be a claim that that Trump was treated unjustly, or perhaps that the court was biased against Trump personally, but it is not evidence for OP's very different claim that underdogs can't win.

Trump's the underdog. He didn't win. And even "winning" would be losing here.

it is not evidence for OP's very different claim that underdogs can't win

He didn't claim thar underdogs can't win, he claimed that the rules don't lead to underdogs winning.

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