Re: [dvd-discuss] The Checks and Ballances are in the mail

[Tom <tom(at)lemuria.org>]

On Tue, Sep 25, 2001 at 08:24:43PM -0700, Jeme A Brelin wrote:
> On Tue, 25 Sep 2001, Jim Bauer wrote:
> > Ignore any right to a speedy trial for a moment.  What about a right
> > to afford a defense?  If someone like the MPAA sued me, I would have
> > no possiblity of defending myself unless a lot of sympathic people
> > sent in donations.  It would seem that justice belongs only to those
> > with the most money.

[...]

> For better or worse, this country works more on the concept of equality
> than equity.


simple solution: there is no place for market mechanics in the justice
system. the free market philosophy (aka "capitalism") is, as has been
proven, strong enough to drive out all other motivations. therefore, if
it is allowed in the justice system, it will drive out other
motivations, including justice itself. by my personal estimate, we are
about 50% on the way towards "justice is a tradeable good".

solution: no free market in the justice system. set fixed (and
affordable) rates for attorneys. make any method to raise more fees
(say, "gifts" by the client) an immediate loss-of-license offence.

yes, that would mean quite a lot of lawyers will suddenly earn quite a
lot less than before. but that's actually a good part of the solution,
because it drives those out who are in the game mostly or exclusively
for the money.


now, since lawyers are a huge part of the adviser staff when it comes
to drafting and passing laws like this, nothing like it will ever
happen, of course. a self-sustaining system, much like most of the
tyrannies in africa. (*)




(*) some of them are considerably more stable then all but a few of the
western democracies. the principle is simple: only people who are part
of the evil empire have any power to change it.