The Legal Morass

http://www.ted.com/talks/philip_howard.html This guy does a great job of defining the problems afflicting our system; the solutions he proposes are more questionable. The risk he invites is transforming our system from one abused by litigious individuals and aggressive tort lawyers to one that may be abused by the authority figures to whom he would shift power. At this point, I suspect it is worth the risk; it seems time for the pendulum to swing back (and this would involve a retracing of our legal history to some extent). A vital point, lost on many people, is the pervasive impact of the mere threat of lawsuits in our time. Even where the courts hold the line on imposing the theoretical standard of "reasonable action under the circumstances," trigger-happy plaintiffs and attorneys circumscribe our freedoms ever more narrowly with each threat they make. In other words, the people behind these threats are engaged in de facto legislation for the rest of us--they superimpose a suffocating layer of unwritten laws on the endless millions of written ones. Another key point: the laws are far too extensive for anyone to understand--and many are also too complicated for anyone but professionals to understand. This is not necessary--in fact, it is an invitation to tyranny. If the people do not know the laws--and they do not--then the state can arbitrarily fine or imprison anyone it chooses. The definition of tyranny is unchecked executive power. And, be it noted, our hives of bureaucrats exercise far more executive power than the President.