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Yes, the U.S. has gone to great length to ensure the smooth operation of business. In fact you might say this is essentially the primary purpose of U.S. legal s
by DubiousPusher 6y ago
Yes, the U.S. has gone to great length to ensure the smooth operation of business. In fact you might say this is essentially the primary purpose of U.S. legal system. As an example, one researcher looked at all the Supreme Court cases involving the 14th amendment between 1870 and 1940. The 14th amendment as you'll recall is an amendment focused on the individual equal protections people have under the law. I cannot recall the figures exactly, but of some 100+ cases ~70% pertained to business and around a dozen were focused on violations of individual's rights.
Property rights are an especially important tool when it comes to the operation of a materially wealthy society. But their imposition does not somehow guarantee that a society is more just or fair and less corrupt than any other.
Edit: I looked up the figures in my notes. The paper involved all Supreme Court cases involving the Equal Protection Clause of the 14th Amendment. The court struck down 232 state laws, 179 of the decisions were in favor of corporations, 55 were in favor of the growing railroads and 9 were in favor of individual black petitioners.
The paper isn't online and I don't have access to it anymore to check but I believe it is this paper.
"Protecting Corporations Instead of the Poor" by Alec Karakatsanis in Harvard Law Review 275.
- canadianfella 6y agoHave you considered that cases involving individuals are easier for lesser courts to decide? Black and white cases don’t make it to the supreme court.
- coliveira 6y agoCorrect, the US has an excellent legal system for the maintenance of property and commerce, but from the human point of view it is a disaster. After all, just considering the maintenance of racial disparities at the judicial level over several decades will tell that this is not a functioning system.
- hcurtiss 6y agoCan you consider it such a "disaster" when so many from all around the world are desperate to move here? I realize that's kind of a cliche' right-wing talking point, but it still seems some relatively is merited.
- coliveira 6y agoPeople want to move because they need the jobs! As I said, the US has a great justice system for commercial enterprises. But from the human point of view it is a disaster.
- hcurtiss 6y agoI don't know, man. It seems to me that having a job is actually a pretty big factor from the human point of view.