Blind groper wrote:To Seth, regarding law suits, and especially malpractice law suits.
I think your comments are based on the assumption that law suits are all done correctly.
You're wrong.
From my reading, this would appear not to be the case.
That's evidence of a cognitive malfunction on your part.
There appear to be at least as many frivolous, or self serving law suits, as genuine need based ones. This trend seems to be supported by a very greedy litigation industry, who induce people into taking out law suits on a no-win no-pay basis, but where the lawyer shares in massive pay outs when they win.
I have read of numerous law suits alleging whip lash injuries, and damaged back injuries, when the 'victim' could very easily (and apparently often does) fake it.
The motive for suing in these cases is pure greed - an intent to get rich quickly and without working for those riches. These fraudulent and expensive law suits will not help most people. Indeed, they raise the cost of medical care, sometimes to the point of making it impossible for many people to get essential care. There are better ways of coping with the problems that law suits are supposed to fix. I have described one way that works very well here in NZ.
Yes, that is a problem, but its an easily solved problem for Libertarians. You see, when the case comes to the jury, the jury decides who, if anyone, is at fault and who, if anyone is initiating force or fraud upon another, and therefore who is responsible for compensating for that injury, and to what extent. It's a sovereign and unappealable decision for the jury and the jury alone to make. And this includes ANYONE involved in the case, be it Plaintiff, Defendant, Counsel, Judge or witnesses.
You step or drag others into the arena at your own personal peril, so it behooves you to try to mediate a dispute outside of the courts or risk being bankrupted yourself if your case is not strong enough to prevail.
So, just because you're the plaintiff in a case that you've filed to torment an enemy with false allegations or for frivolous reasons does not save you from a jury verdict that YOU are the initiator of force or fraud and punishing you appropriately and sternly for both that fraud and force and for wasting the time of the courts and the jury, which is a fraud upon them.
So, filing a frivolous case could result in YOU being bankrupted by the jury because you abused the system. That's a pretty stern admonition against such frivolity don't you think? And I'd especially extend that punishment to any LAWYER who presents a frivolous case in court. He should be doubly punished and bankrupted because as a professional he knows exactly what he's doing.
Or, the jury could decide to bankrupt EVERYBODY involved in the case for being obnoxious pissants and wasting their time.
See, Libertarianism is really quite simple if you take the time to examine it. Lots of checks and balances that do not involve big government and burdensome regulation.
One pretty simple basic rule: "Do not initiate force or fraud upon another."
What the definition of "force or fraud" is is up to the community, in the persona of a jury of one's peers selected entirely at random from the community to decide. You pays your nickle, you takes your chances, and that is that.
Very good reason to be an honest broker with integrity and a healthy enlightened self-interest, because your future depends on the good opinion of your neighbors if you can't get along.
What company or doctor is going to risk having everything they own taken and turned over to their victim for being greedy or evil? Say what you'll do, do what you say you'll do, treat people honestly, fairly and with respect and you won't have a problem. Try to cheat, steal or harm them and you could lose absolutely everything and end up cast out of the community without so much as a pair of undershorts and be denied any succor or assistance from anyone in the community.
Strong motivators for good behavior I think.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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