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As an Eastern European with some experience with autocratic government I quite look up to the U.S. as to a champion of democratic culture, but among two major t
by xyzal 7y ago
As an Eastern European with some experience with autocratic government I quite look up to the U.S. as to a champion of democratic culture, but among two major things that baffle me (healthcare being the other) is why there is such a high cost associated with litigation even for the innocent party. In continental Europe, the "loser pays" principle seems to hold quite well, while also having the benefit of discouraging people from frivolous lawsuits.
- notRobot 7y ago> I quite look up to the U.S. as to a champion of democratic culture It really isn't. Look towards Scandinavian countries for that.
- Hamuko 7y agoOr Finland.
- Legogris 7y agoScandinavian here. Keep looking.
- gruez 7y agoWhat are the ills there?
- notlukesky 7y agoAcceptance of torture: https://www.hrw.org/news/2006/11/09/sweden-violated-torture-ban-cia-rendition# https://www.hrw.org/news/2006/11/09/sweden-violated-torture-...
- srtjstjsj 7y ago> The United Nations’ ruling that Sweden violated the global torture ban which has nothing to do with democracy.
- danlugo92 7y agoOne of those went cashless... do I need to say more?
- lostlogin 7y agoYes.
- oska 7y agoSwitzerland probably remains the champion.
- Hamuko 7y ago>In continental Europe, the "loser pays" principle seems to hold quite well It apparently holds in every western democracy except for the United States of America. https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees) https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fee...
- briandear 7y agoImagine suing General Motors because of a faulty car. General Motors hires an army of experts and the best attorneys. In the event of loser pays, the apparent victim is now on the hook for perhaps a million dollars. That would shut down all legitimate product liability lawsuits in an instant.
- Hamuko 7y agoWell, that's assuming that legitimate product liability lawsuits lose in the court.
- ip26 7y agoJust because you are right doesn't guarantee you'll win. You feeling lucky?
- int_19h 7y agoWith our existing system, you have to ask the same question every time you sue anybody, or do something that might cause somebody else to sue you, because you can get financially ruined even if you win.
- samatman 7y agoThere is a game-theoretic optimal solution to this: The loser must pay up to the amount they themselves spent on prosecuting the case, but no more. So General Motors would have to pay the full cost of the plaintiff's litigation if they lost, while the plaintiff would have to pay their costs, plus an equivalent amount to GM. This is of course independent of compensation and damages awarded.
- asdfman123 7y ago> In continental Europe, the "loser pays" principle seems to hold quite well, while also having the benefit of discouraging people from frivolous lawsuits. You'd think the people who came up with it had never played Scrabble, where you lose a turn for a false dictionary challenge.