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PaperclipPerfector  6mo ago (text post)   24828 thread views

Culture War Roundup for the week of May 6, 2024

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Anything that expands the scope of things that one individual can sue another for is laundering costs.

This statement is often not true. Lawsuits are often a more efficient and transparent way of allocating costs.

I'm gonna stick by my statement. I don't think the example you give really contradicts it. The actual world we live in has a mix of both systems where the American government gets to flip a coin "heads I win, tails you lose". They regulate the industries, and allow those industries to be sued by individuals. From what I understand this is actually a little strange by international standards. Russia (for traffic stuff) goes more down the route of sue anyone but very loose regulations. And most of Europe goes down the route of strict regulations, but you can't sue (for a bunch of business regulations).

In general, I think in cases of death or serious bodily injury it makes sense to have a court involved. In cases of money or social interaction its a bad idea to have courts involved. I'm not suggesting entirely doing away with courts. But courts are a terrible place for solving economic distribution questions. They are simply far too expensive (judges and lawyers are generally smart and capable people).

But people can already sue for bodily injury or death, so when I say an expansion of what you can sue for is laundering costs, I mean that generally any new thing that you can sue for. (and there are some old things you can sue for that I also think are bullshit, but I specifically listed those things.)

In cases of money or social interaction its a bad idea to have courts involved.

How would you have contract disputes resolved? Inheritance disputes?

Much of these are solved through private arbitration, with courts as a resolver of last resort. The reason they are a last resort is that lawyers will eat up most of the money in the case. Which kind of defeats the purpose of a dispute over money. Courts are mainly avenues of Justice. As in you want the person who screwed you over monetarily not just to pay you back but to suffer.

Lawyers are used in arbitration as well, and unlike a judge you have to pay the arbitrator. I'm not sure why you think that's a cheaper option that litigation.

Courts are mainly avenues of Justice. As in you want the person who screwed you over monetarily not just to pay you back but to suffer.

Where are you getting this idea? Usually courts are limited to awarding actual damages; punitive damages are the exception.

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