3 ms·
1) Someone who has no choice e.g. there are no "honest" courts, or all service providers with whom an individual could contract with demand the right to choose
by jessedhillon 14y ago
1) Someone who has no choice e.g. there are no "honest" courts, or all service providers with whom an individual could contract with demand the right to choose courts of arbitration.
2) First, this is an unsubstantiated statement of faith. Second, we're not talking about bribes but systemic bias i.e. the entire private court is lopsided. You're thinking that the problem would be of the form of "I'll just pay judge X to render my preferred verdict." I'm talking about a problem of "all courts have a fundamentally pro-business bias and impose a severe burden of proof on plaintiffs pursuing business defendants."
3) Again, bribery is not the issue. Selection of the judges is the issue.
4) And in which court will these suits be heard!?
Perhaps you think that there will simply be other private court systems set up with select mostly "liberal" judges. Who will pay for these? Wealthy individuals?
And which business would insist on being heard in these courts? As it stands, almost every large business with whom you contract has an arbitration clause which you accept when you engage them. Those clauses always reserve for themselves the right to select the arbitration venue. Why would that change? Which business would ever decide to concede that right, or to choose a consumer-friendly venue?
- dmix 14y ago1-3 the same apply to the current court system. 4, a higher legal association, that deals with lawsuits against courts. The association would be in as much market pressure to be honest and reputable. You would choose courts based on their contracts with these associations. But as I mentioned above, I personally don't believe in having a private court system. I support a state run law court (ala minarchy). There are thousands of things more important and much more obviously broken than the court system (military expansionism, war on drugs, domestic surveillance, federal reserve etc, etc). That being said, I fully support the non-aggression principle in all other contexts and (obviously) in the efficiency of the market model.