4 ms·
Living in a country where the default is that the loser pays (within reason), I must wonder: Why is discouraging litigation a bad thing?
by yxhuvud 12y ago
Living in a country where the default is that the loser pays (within reason), I must wonder: Why is discouraging litigation a bad thing?
- ngoede 12y agoThe balance to this is that corporations and rich individuals already have far more money to spend on a legal defense that further discouragement makes it that less likely that regular individuals will be able to use the legal system to redress civil wrongs that those parties have done to them. I.E. the plot of the show Leverage.
- mikeash 12y agoLitigation isn't inherently bad. It all depends on how it's used. You don't want a policy that makes life hard for patent trolls to also make it impossible for, say, a person who's horribly disfigured in a car crash from suing the company for a legitimate design defect that caused the crash.
- jessaustin 12y agoSiblings have plausible explanations. Another reason, however, is that we have so many lawyers, and they must be employed somehow, otherwise one of them might take the judge's job. Why not employ the teeming masses in litigation and/or the prevention of litigation?
- rthomas6 12y agoUh, because employing the teeming masses in production of goods that improve the quality of life is better than jobs for their own sake.