Tuesday, December 29, 2009

Free Market Legal Reform

If you turn on a TV during the day, you will see programs offering what appears to be small claims court, where people air their grievances in front of a TV judge, for your entertainment and edification. like jerry Springer, the real draw is humilating people, but then that is what entertains people who have free time during the day.

The litigants in this trials agree that this free market system will replace their rights under the government system. It was not always so, in USA at times it was illegal to sort out disputes outside of the courts. That was too much, and was reversed.

As a matter of fact, most disputes in USA are sorted outside of courts, even if they are originally brought before a court. Think of all the disputes between neighbors, businesses, families, that are sorted ouot by the intervention of unintersted thrid parties, such as neutral observers, caring family members or for that matter, some preacher man.

We have A legal system, and there are very many nothers, each yielding approxinately the same results. Knowing this, we can say with confidence, we do not need our legal system. We may need A legal system, but not necessarily the one we have. What people fiind objectionable in our sytem is the lawyers, but we may be mistaking human frailty for a systemic problem.

While the Founders were debating the structure of USA, Immanuel Kant was critiquing their progress from Germany. Kant observed there was an inherent conflict of interest, for a system of checks and balances, to have officers of the court (lawyers) serving in either the legislature or executive branch. If we were to prohibit this conflict of interest, I think we would find the legal system get back to its roots. Of course, lawyers controlling the legislature will never vote themselves out of privileges, but we can unliaterally adopt an eithic, “never vote a lawyer into office.”

WE can fix our system without submitting to its corrupt processes, and certainly without violence. It's just business.


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