franka@mmintl.UUCP (Frank Adams) (12/27/85)
In article <28200417@inmet.UUCP> janw@inmet.UUCP writes: >I must be missing something but why wouldn't the standard default >libertarian solution for most things, namely litigation or the >possibility of it - work for pollution ? This is a complete change subject (so I changed the subject line). This quote got me to wondering -- is there any connection between the libertarian fondness for litigation, and the current mushrooming of litigation in the United States? The most obvious connection would be that libertarian thought has made people more likely to sue. I doubt this; the ideas don't seem to be that widespread, and the people doing the suing don't seem to be the libertarians. Alternatively, the libertarian ideas might have been encouraged by the increased respectability of taking someone to court. The time scales don't seem to me to be right for this; libertarianism emerged first. (Although maybe not before the trend started.) Perhaps it's just a coincidence. I would be interested if anyone has any ideas on the subject, however. ---------------------------------------------------------------- I have directed followups to net.politics.theory, since I think this discussion mostly belongs there, not net.legal. Frank Adams ihpn4!philabs!pwa-b!mmintl!franka Multimate International 52 Oakland Ave North E. Hartford, CT 06108
gadfly@ihuxn.UUCP (Gadfly) (12/31/85)
-- > This is a complete change subject (so I changed the subject line). > This quote got me to wondering -- is there any connection between the > libertarian fondness for litigation, and the current mushrooming of > litigation in the United States? > > The most obvious connection would be that libertarian thought has made > people more likely to sue. I doubt this; the ideas don't seem to be > that widespread, and the people doing the suing don't seem to be the > libertarians... > > Frank Adams Most of the stuff on the net by people who identify themselves as libertarians has been strongly against "frivolous" lawsuits. The principal argument has been that a sue-happy society is eroding our basic notions about personal responsibility, a value which is crucial for libertarianism to have any hope of working. If the citizenry does not feel itself to be responsible for its actions (individually, of course), whole cities would have to be converted into courtrooms to hold the vast population of litigants. As any anarchist will tell you, anarchy is not chaos. The discipline not imposed from outside must come from inside. -- *** *** JE MAINTIENDRAI ***** ***** ****** ****** 31 Dec 85 [11 Nivose An CXCIV] ken perlow ***** ***** (312)979-7753 ** ** ** ** ..ihnp4!iwsl8!ken *** ***