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If the public service of justice is slow and expensive, we need to fix the public service, not replace it with a free market simulacrum. The argument is that t
by gascan 8y ago
If the public service of justice is slow and expensive, we need to fix the public service, not replace it with a free market simulacrum.
The argument is that the justice system is slow and expensive because it is overloaded with cases that don't really belong in the justice system in the first place. Which is not a radical idea; e.g. only some cases merit the attention of a district court, and fewer still merit the SCOTUS.
You can see the "overloading" perspective when you look at the asylum hearing backlog. The demand outstrips the judiciary's ability to run fair hearings practically to the point of absurdity.
- s73v3r_ 8y agoIf arbitration really is a better solution, then people will choose to go that route themselves, instead of being forced into it by a company trying to get more favorable results.