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Tort reform hasn't materialized very many benefits in the States where it's been attempted. I'm afraid it's a starting point at best [1]. And desiring simple
by roc 14y ago
Tort reform hasn't materialized very many benefits in the States where it's been attempted. I'm afraid it's a starting point at best [1].
And desiring simple laws that people can read and understand is like desiring simple code that people can read and understand. Sure, there's lots of code out there written with bad practices, acquiring years of cruft and in need of some refactoring, but there's also massive amounts of code that simply cannot be reduced to a 'simple' state. Some problems are complex and navigating them requires precise attention to numerous details.
So it is with law. Some things can certainly be simplified. But the process of simplifying does not guarantee a simple result.
[1] and a heavily politicized one, at that. What many advocate when they say 'tort reform' isn't a shift toward simplicity and fairness but a shift past perverse incentives to litigate and to a perverse disincentive to even pursue litigation. That is: instead of protecting, say, doctors from frivolous claims, it makes it increasingly difficult to sue doctors with even valid claims. And that's no better a situation from the neutral point of view.
- Jun8 14y agoThis is an excellent point! "Make things as simple as possible but not any simpler" The solution is not try to keep the current situation and try to simplify (or translate into simple English) the legal contracts, which is pretty much impossible, but change, to the extent possible, the need for complexity. "Fools ignore complexity. Pragmatists suffer it. Some can avoid it. Geniuses remove it" In the OP, rms is taking the pragmatist approach and is willing to suffer the complexity, i.e. reading the huge binder if it could've been found. The solution is to reduce the need for doctors to hide behind such high legal walls.