RoR: Forum

I definitely agree that civil law is more in line with true justice than regulation. But, civil law today is often out of control (not to say regulatory isn’t) and there are ridiculous lawsuits that are rewarded with millions. (Just look at the safety sticker on your household ladder to see the result of civil law abuse. Those stickers and their ridiculous safety suggestions are the result of civil suits that probably racked up a large chunk of money from the producer.) My question is how can this be corrected?

Post 1

Tuesday, June 13, 2006 - 4:37pm

Yes, civil law is under the influence of wildly irrational beliefs about who is responsible for what in any conflict--the deep pocket mentality. Still, at least civil law doesn't punish before any real crime has been alleged. The only way to reign in the wildness is through relentless and well targeted education and some decent jurisprudence at the appellate court level.

Post 2

Tuesday, June 13, 2006 - 5:11pm

I would say a better designed constitution would help. A clear declaration of a seperation of state from economics. And a clearly stated goal and power for a civil court that does not include or allow for frivolous lawsuits that are only designed to go after deep pockets.

Post 3

Wednesday, June 14, 2006 - 6:44am

"What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it."

-Judge Learned Hand, The Spirit of Liberty (1944)

Post 4

Wednesday, June 14, 2006 - 8:26am

"What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it."

-Judge Learned Hand, The Spirit of Liberty (1944)

I agree it definitely takes a receptive culture to uphold liberty. But I wonder if Judge Hand really said anything of value here or was just trying to say something warm and fuzzy? I don't think we put too much hope into laws and a Constitution. If we really thought man was capable of always adhering to the principles of freedom, we wouldn't draft a constitution or make any laws. That would be irrational, life is not like that and man is a fallible being. There is no utopia of every individual adhering to the principles of liberty. Constitutions, separation of powers, and Laws are extremely important to protecting liberty, and there isn't much of an alternative to that. Men's and Women's hearts are not enough.

Post 5

Wednesday, June 14, 2006 - 1:26pm

What happens to a law when nobody believes in it? What happens to a political system like Liberalism when nobody cares to understand it? Laws and politics collapse without philosophy and it is philosophy that must lie in the hearts of, if not most, many of the people who live under the laws and system. Nobody is asking for something impossible like a utopia.

Post 6

Wednesday, June 14, 2006 - 2:40pm