4 ms·

GP is talking about cost-prohibitiveness of legal counsel a large company can absolutely drain your small/medium business with frivolous lawsuits. the point i

• vkou 3y ago
  > the point is that Western judicial system largely caters to capital not justice. The problem is that there is no way to make it 'fair'. All the proposed reforms are also incredibly unfair, just in a slightly different way from what we have.
  • geraldhh 3y ago
    money is liquid democracy - kinda sad, but here we are
    • vkou 3y ago
      No, money is the ability to marshal goods and services which in any system with legal representation will lead to better outcomes for you.
  • concordDance 3y ago
    You can trade off against other forms of fairness. For example, if you remove the power of precedent suddenly knowing and being able to search case law becomes unimportant, giving laymen a huge step up in defending themselves. However it also makes the legal system far more inconsistent across judgements.
    • moi2388 3y ago
      Not if the law did what it was supposed to do; state the conditions under which a given sentence ought to be executed. Instead laws are poorly written meaning case law becomes the actual law
  • mihaic 3y ago
    "Fair" is always impossible, but the goal is "fairer", which really is possible if we accept that lawyers and big corps have to have it slightly worse so everyone else has it significantly better.
    • vkou 3y ago
      Okay, I'll bite. You tell me how to fix it. And I'll tell you how a bad actor will abuse your fix.
      • mihaic 3y ago
        If a lawsuit is dismissed by a judge as frivolous, automatically put a minimum fee of a few good thousand dollars that the claimant now has to pay. Of course, it can be appealed, but the minimum fee on the same judgement just goes up. Of course there are tens of other small improvements that could bring improvements, starting from simplifications of the legal code to small claims courts that would be allowed to punish minor offenses by corporations that are repeated on a systemic scale. What are the abuses that you see, and most of all, do you think those abuses would be worse that the current abuses?
      • BrandoElFollito 3y ago
        Not OP but if the costs were a function of the wealth (highly nonlinear, such as exponential) then a large company would need to think twice before going to court. This also means that the smaller players wood get drained out if they try to abuse the system. Another thing is that the CEO wild be forced to attend, or have very high costs to not be there. This is too ensure that me, as an individual, have much more to loose personally (and can be exhausted) in front of a corporation who has leaders wise job is to be at the court. I did not put a lot of thoughts on the ideas, but the basic one is too make everyone suffer the same relatively. This is partly sourced from Finland roads, where you pay in function of your wealth when you cross the law
• ahartmetz 3y ago
  It's mostly just the US judicial system. The US has about 3x the amount of lawyers per capita compared to other Western nations. The glorification of lawyers in US media is sometimes a bit sickening as a non-US citizen.
  • Mountain_Skies 3y ago
    It's a weird quirk that having so many lawyers hasn't driven down the cost of their services but seems to have instead driven up demand.
    • tim333 3y ago
      I think cause and effect is a litigious system -> demand for lawyers -> lots of them, well paid. Some of the system being like that probably comes partly from the founding idea of "a government of laws and not of men" and the US constitution.