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> Maybe we should be finding a way to make no one personally responsible for failures. But this sounds counter-intuitive, as personal responsibility is acknowle
by gioele 13y ago
> Maybe we should be finding a way to make no one personally responsible for failures. But this sounds counter-intuitive, as personal responsibility is acknowledged as an effective mechanism to make people do their work right.
I think that a good middle-ground is what happens with judges in most of EU. In most systems you cannot directly sue a single judge for some misconduct that happened during a process. What you have to do is to sue "the state". Another judge will then judge the matter but then it is you vs the state, not against a single person; it is the state that takes care of all the legal things and legal costs. This gives the judges the freedom they need to be severe but just. Without this protection they will always be afraid of being sued by the losing party, especially when the losing party is a big, rich corporation.
Obviously, to counterbalance this exceptionally high degree of defence enjoyed by the judges, the state usually punish the judge with a fine or a suspension. But the intermediation of the state is able to rebalance the risks: if you do something wrong you risk a big fine, but you will not be dragged personally in a 10-year process that will destroy your career and your finances.