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There is a fundamental philosophical difference in European and American approach to law that makes these problems pop up. America is common law based which in
by jernfrost 11y ago
There is a fundamental philosophical difference in European and American approach to law that makes these problems pop up.
America is common law based which in a way revolves around contracts. Two people can agree on anything, even giving up rights. That is why contracts in the US are so long and complicated. If something isn't in the contract it isn't covered. It also means there is a lot more suing in the US.
In Europe common law dominates which typically gives everybody a minimum set of rights which can't be given away. They apply regardless of what a contract says. So a contract in Europe can often be made smaller because what isn't covered in the contract will often be covered in the law. A lot more is implicit.
American understanding of society is about removing government hinderances for your pursuit of happiness. Government is not believe to have a role in giving you anything.
European understanding of society is that governments are there to ensure your rights. That means government will be more actively going after people who try to exploit you, while in America the reaction will be more "well you voluntarily agreed to this, so nothing we can do".
That means American companies can much more easily impose all sorts of ludicrous agreements on you, and you have no other choice but to agree to them or not get the service at all. In Europe you will more often be able to say "I want this service but your demands on me breaks the law."
- soperj 11y agoFor anyone outside of the U.S., by American, he means U.S. since the rest of America(the continent) isn't subject to this.
- ppereira 11y agoI think you meant to say "In Europe civil law dominates".
- hackuser 11y ago> Two people can agree on anything, even giving up rights. That isn't accurate. For example, you cannot agree to be a slave or to give up your right to overtime, a safe work environment, etc.; even non-compete agreements often are difficult to enforce. The law trumps your contract. More accurately, Two people can agree on anything; they can put whatever they want in the contract but it may not be enforceable.
- hackuser 11y agoWith respect, I understand some people want this to be true, but the description of the United States is almost entirely incorrect in practice: > American understanding of society is about removing government hinderances for your pursuit of happiness. Government is not believe to have a role in giving you anything. That may be the desire of a few people, but currently in the U.S. government provides trillions of dollars in services to its citizens, from roads to security to healthcare to income to universities to transportation to communication to much, much more. > European understanding of society is that governments are there to ensure your rights Check out the U.S.'s Declaration of Independence, where you will find perhaps the most famous words from one of the most famous political documents in history: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men It's not just theory; in practice a very important role of governmnt in the U.S. is protecting rights. Many key rights for minorities and women are obtained through government. Property rights are protected by government. The U.S. Department of Justice even has a Civil Rights Division. [1] The whole contest for civil rights in the U.S. is centered around getting government to pass laws or rulings. [1] http://www.justice.gov/crt http://www.justice.gov/crt