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If we look at the evolution of legal action in the Western democracies over the last 60 years, especially comparing nations like Germany to USA, we can generali
by lkrubner 4y ago
If we look at the evolution of legal action in the Western democracies over the last 60 years, especially comparing nations like Germany to USA, we can generalize a bit and say that every society has some conflict, and can choose to deal with that conflict either using the judiciary or the executive branch of government.
In short: it's lawsuits or edicts, and each nation picks its favorite poison.
In the Anglosphere countries, with legal systems that trace back to Common Law, there has long been a tendency to use the judiciary more and the executive less, relative to most European nations. The trend intensified in the mid-20th Century, when a new and expansive definition of "due process" aggressively expanded how many actions or behaviors could be considered violations.
I'm personally wary of our culture of lawsuits, and I'm personally wary of an aggressive interpretation of "due process." I understand that one of the goals was to try to atone for a long history of racial injustice, which is certainly a noble goal. Did lawsuits actually end racial injustice in the USA? I think we can ask whether this expanded understanding of due process is really achieving its goals.
I personally would like to see lawsuits limited, but I'm also aware that turning away from the judiciary would then very likely expand what is controlled directly by regulations by the executive branch. Every human society has internal conflicts, and the more complex our society gets, the more conflicts we have, and so the more that people turn to some branch of the government in hopes of getting some kind of address of grievances.
In other words, I'd like to see lawsuits limited, but I'm aware the need for some kind of conflict resolution will manifest in some other ways.
This is a complex topic, and I plan to write more about it at some point, but I cannot delineate a full theory in a comment on Hacker News. On my weblog, I plan to write on this topic later in the year, but for now I am still doing research.