Haven't posted longtime. Oops. Will return to more frequent postings now that I'm back home.
Seems Congress is about to pass a bill granting gun owners immunity from lawsuits. This is an interesting big societal issue where a couple of big themes come together -- the tort system as a force for good, and liberty vs restrictions for social benefit.
I've had a couple discussions with pro-business types where they advocate 'tort reform' for medical malpractice suits, gun-control suits, and whole variety of other suits that can harm businesses. For instance, people want to put a cap on the amount of money that can be distributed in a class-action suit. But this fails to take into account the way the tort system acts like a market to correct business' mistakes -- if you cap the potential winnings, this quasi-market won't be able to correct massive industry misdeeds that cost millions of dollars in legal fees to fight.
Lawsuits aren't exactly a market force in the strict sense, but the point remains that they are a countervailing push that the system needs. There are, of course, frivolous lawsuits, but how much of a problem are they? Tort-reform groups and conservative politicians throw around anecdotes showing how bad frivolous lawsuits are, but you can just as easily point out instances where industry takes advantage of individuals.
Seems to me it would be better to fix the tort system across the board than to just give exemptions to really powerful industries. Of course, it's hard to fix the tort system. But it's better than this approach. A potential improvement on the system: make expert boards composed of people from different industries who can set general guidelines for business behavior. For instance, a bunch of doctors who can set expections for doctors' behaviors. All too often, doctors get sued for patients' negative outcomes, whether the docs erred or not. Put a sad, hurting patient in front of a jury, the logic goes, and they will always give them some money out of compassion. Then malpractice-insurance rates go through the roof.
This gun thing has the same problem. There could very well be dealers who are criminally negligent in their dealing, but we won't hear too much about it after this law passes.
More on the gun-control angle of this story tomorrow. [Posting two days in a row? Too much to ask of myself?]
You can ping this entry by using http://www.mindtangle.net/movabletype/mt-tb.cgi/724 .
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