3 ms·
> we can do whatever we want this side of legal with impunity The polite term for this is legal realism - “I am rich and you are not, so most of the time fuck
by an_opabinia 6y ago
> we can do whatever we want this side of legal with impunity
The polite term for this is legal realism - “I am rich and you are not, so most of the time fuck you.” Certainly every executive, by the nature of their salary, their incentives, the world built around them, they perpetuate legal realism to the detriment of legalism or whatever you want to call opinions/moral stances like “you should not harass randos on the Internet.”
It is zero sum for sure. You will never be on the wrong side of justice of a targeted harassment campaign, meaning you as a normal person will never conspire with your coworkers to do that - which is to say, of course this was blessed by eBay, in the same way that gang leaders bless the crimes their minions do - so presumably those laws should be as harsh as possible. Conversely you will sometimes be a landlord in your life, sometimes a tenant, so even in the most cynical rationalist reading we can reason about what justice looks like for both sides, even when it’s just about money.
What then is the punishment for a corporation? In a bull market, little legal action has ever sunk a large cap company (pretty much only lying about cash balances). And you wonder, in a world where investors are buying the stocks of bankrupt companies like Hertz, will Wirecard even get its due? The business, not the person. BP made one of the worst environmental disasters in the world, a normal person will never do that. You will never be on the wrong side of spilling oil in the sea. Some DoJ employee decided what to do, in an afternoon, in a 15 minute meeting after maybe a few phone calls with the Louisiana governor and the president, “the outcome will be, BP will not be shut down.” Then 5 years of litigation parallel reconstructing that determination in the legal system, in a world where you have footage of BP spilling the oil, they did it, what is there to talk about? Lawyers will say a lot, but honesty I’m sick of hearing lawyers points of view on whether or not eBay did something wrong, of course it did, what is the punishment?
In our country punishing a corporation is actuarial work. That is the problem.
Maybe the law academy has an answer, it would be interesting to see “a official, parallel courtroom where poor litigants have a hope of succeeding.” Maybe law school is just minting new lawyers every year who are in denial of how predictive “what side of capitalism are you on?” is in terms of legal outcomes.