It's hard to imagine any legal system where a claim to recover a $10 or $20 injury in an individual lawsuit (or arbitration) could be efficient. Such claims could be aggregated in class actions, if consumer contract terms didn't prohibit it. Class action lawyers often think of themselves as doing "social engineering"; forcing companies to pay for injuries they cause in situations where nobody is likely to bring an individual suit at all (e.g., small harms).
Class actions don't normally result in much of a recovery at all for individual consumers, both because amounts for each individual are typically quite small, and because costs of litigation and attorney fees eat up huge percentage of claims defendant corporations are forced to pay. But at least if there were threat of class actions it could scare corporations into not violating terms of consumer agreements. So even if class action suits do end up mostly enriching lawyers, they still help consumers by giving corporations a strong incentive to honor consumer agreements. Class action lawyers as "social engineers".
Fairly incredible actually if you think about it for a while.
What or whom is causing society to go out of its way...? Litigation?
Sounds like you should move to Somalia, land of the free market -- it's quite untouched and unregulated by nanny bureaucracies, in fact. Lots of opportunities to make money, I'm sure. Or perhaps you'll be lucky enough to break both your kneecaps and die on the streets, or get sold into slavery!
I can only imagine the reason you wouldn't do this is due to being a needy snowflake yourself. Hmmm....
I don't think anyone who has been involved in litigation would use these words in the same sentence, or paragraph. Whose theory says it's efficient?
I suspect that the thinking is that it's efficient in the sense that you don't have the wrong regulation. ie. in the sense that wrong regulation is extremely expensive.
And if people was always employing an optimal strategy, then litigation would rarely be needed as the outcome would be predictable. But I guess people aren't optimal :)
How efficient is it to regulate the behavior on a case-by-case basis, taking years and often millions of dollars for each case, and with all the unpredictable outcomes of a lawsuit? Maybe one ruling by an expert regulator rather than many by inexpert judges and juries isn't such a bad idea after all.
It sounds like a rationalization for deregulation.
> if people was always employing an optimal strategy, then litigation would rarely be needed
If people did that, we wouldn't need government at all. We could live in happy anarchy with all our well-meaning, honest, optimizing neighbors!
Just saying, that's how it's rationalized...
No, they simply pass those costs on to the consumers.
I believe this is a false narrative spread by those who want to reduce consumer access to courts.
Businesses don't price their goods at (cost + profit). They price them at the level that will maximize profit. Sometimes that's at a loss, sometimes that's around break even, sometimes it provides a healthy profit, and sometimes they make extraordinary profits (what do you think the cost is for that $4 soda at the movie theater?).
But the price is already set to maximize profits. If the seller's costs increase, raising the price won't increase profit or help them at all - it would merely reduce revenue due to the negative impact on sales volume. And if their costs go down, they of course don't lower the price, they take more profit.
You are free to believe whatever you want but that's a quote straight from a conversation with the CEO of a very large manufacturer of consumer goods, who - in my experience - tended not to speak stuff that wasn't true.
There are exceptions and complexity, of course. In health care, raising the price of a good with inelastic demand such as, say, Epipens, might attract social and political penalties. On the other hand, pricing such goods (e.g., pills that cure terminal diseases) at very high levels to begin with is an accepted practice.
The ways discussed in the article and in this thread, as examples.
Law should be as efficient and precise and cheap and scalable as code. Hell, that's why they use the term "codified" when they talk about laws on the books.
Can you source, or explain, this? I'm Conservative, and in all the Conservative circles I've run in, I can't recall ever hearing something like this.
In fact, I usually hear more about how ridiculous it is that everyone sues about everything.
I, and the circles I've been in, would not necessarily do that. We would reject regulations that are too strict (which, lately, most environmental regulations have been). We would also reject the Federal Government being involved, since it would be a violation of the 10th Amendment in cases that don't cross the state lines. When they do cross the state lines, we'd still prefer it be left to the states, and the Federal government should keep their nose out of it unless the states just can't deal with it. As for State and Local governments, we would accept them implementing regulations when the factory and local residents are unable to come to an agreement on their own.
Note, I'm a US citizen, so I'm referring to that Government. :)
Failing direct negotiation you say states and localities should enact regulations where state boundaries aren't crossed. Essentially no environmental regulations deal with things that do not cross state boundaries. Water and air don't respect lines on a map. Nor do ecosystems.
Worse yet, that isn't even really your position. You say "most" environmental regulations are too strict. So you actually don't think states and localities should regulate the environment. You think we should remove federal regulations and states should not replace them. So really you are parroting the exact positions we have described above without recognizing their true import.
First off, the conservative/libertarian discourse is not "childish" or "uninformed." Libertarian thought has been in development for centuries beginning with classical liberalism. [https://en.wikipedia.org/wiki/Libertarianism#History]
Second, the commentor clearly indicated that states and localities can be involved in regulation but only when local discourse fails. The commentor only stated that "most" environmental regulations are too strict, but that doesn't mean we should not have sane ones driven by local (not nationwide cultural ebb and flow demands of the day)!
Third, apparently you are not very familiar with environmental regulation. Environmental regulations need not cross state boundaries (we can regulate water and air from entities in in our own states). Unfortunately, we do not have that capability to balance the locality's needs and the environment's. The current system leaves little if any recourse for citizens or small businesses against government. Who do we go against? Oh yes, the EPA which is nearly or more difficult to reason with than a court system.
The length of time that a school of philosophy has been around does not relate whatsoever to how people talk about it today. See, e.g., flat earthers.
>Third, apparently you are not very familiar with environmental regulation.
I used to practice environmental law.
> Environmental regulations need not cross state boundaries (we can regulate water and air from entities in in our own states).
That would make sense if the air and the water themselves did not cross state boundaries. Turns out they do. Speaking of the classical liberalism you are so fond of, you should really check out this crazy new theory called "the tragedy of the commons."
This is a childishly uninformed discussion because you do not (and I am sure cannot without googling) refer to any specific regulations. Would you care to discuss the Clean Water Act and how you think it is too strict? Do you take issue with the "surface water connection" jurisdictional test for defining the navigable waters of the United States and thus the geographic limits of the CWA? Do you think the National Pollutant Discharge Elimination System defines "impaired waters" too broadly? Are NPDES Total Daily Maximum Loads set unreasonably low? Do you think joint Army Corps of Engineers and EPA jurisdiction over impaired waters leads to excessive enforcement bureaucracy? These are not things I just googled but rather regulations I have helped draft, administer, enforce, and even challenge. I am happy to debate the finer points and would be thrilled to see that debate on a national level.
But the debate on the national level is instead childishly uninformed because conservatives argue in nebulous generalities, using catch phrases and talking points, but do not engage with the specifics of the policies in question. The vagueness of their claims allows them to avoid rigorous standards of proof or argumentation.
Statements like "Unfortunately, we do not have that capability to balance the locality's needs and the environment's." This is simply a nonsense talking point, which wholly disregards the non-local nature of the environment. Localities don't get to choose to prioritize their needs over the environment's because they share their environment with other localities. So those localities get together and decide as a group how to regulate the environment via this fancy new invention called the federal government.
What precisely do you even mean? The ability for localities to decide they want more pollutants discharged into the environment? What needs are not being respected? Their need to have lower costs for businesses in order to keep jobs? Which they can only have at the expense of their neighbors, by emitting pollutants into the environment which then flow into their neighbors' jurisdictions and by taking jobs from neighbors who choose not to poison their own and others' land, water, and air?
It's also nonsense because it's factually untrue in many cases. Take NPDES. States enforce it, with the exception of four direct implementation states that have elected to allow the federal EPA to enforce it. The federal EPA simply sets standards and partially funds enforcement via block grants.
Worst of all, your argument does not contribute anything useful to the discussion. "There's too much federal regulation of the environment and more needs to be done at the local level." Ok, fine, let's unpack that statement and see where the argument takes us and why it is so damaging to our national discourse. What federal regulations are excessive and need to be moved to the local level? Your answer will likely be the result of something you recently googled, but let's assume you make a legitimate, well-informed point and identify one federal regulation that should be moved to the local level. I will then point out another ten regulations that clearly need to remain at the federal level. Assuming we then go through every federal regulation on the environment and make this assessment, we are left with a list of some regulations that need to be changed and some that don't. Great. So we then reform the EPA and localities start regulating more efficiently etc. etc. That would be a really awesome result of a national political debate.
This has not happened nationally because we are not having a discussion with that specificity. Conservatives simply argue that the EPA is bad and has to go. Even if they admit in argument that theoretically some regulations should be federal, the practical manifestation of their ideology is a concerted effort to abolish the EPA. See, e.g., Scott Pruitt's current activities.
And that's the real problem with your vague talking points. They drive poisonous, poorly thought out policy-making which does not even reflect your own stated positions. This is why we have Trump, the master of spewing vague generalities. A man wholly unprepared to be president, who is incapable of engaging with policy details on even the most superficial levels, resulting in absurdly awful legislative proposals and a complete absence of legislative progress.
Please, point to specific regulations or policies that you think unreasonably burden localities. That would be a productive contribution to the national debate about environmental regulation. Perhaps the regulation needs to be revised, or perhaps there is a justification you are not considering. Either way, the conversation is worth having. Regurgitating talking points doesn't.
Nor is it an issue that can be addressed at a state level. The Chesapeake Bay watershed encompasses New York, Pennsylvania, Maryland, Delaware, Virginia, and West Virginia. Water flows to the ocean. The mining industry in West Virginia and the farming industry in Pennsylvania dump pollutants into waterways that affect the tourism industry on the Eastern Shore. The former have every incentive to maximize the externalities they can dump on the latter; the latter has no ability to control how much pollutants are dumped into waterways by the former.
Litigation is not the only option. A group of people can get together and go talk to the owners of the factory directly. No need for lawyers at all. Just individuals working together to come to an agreement.
It's only when that fails that Government should get involved. Either by passing a local law that enacts proper regulation, or via litigation if that's the best option. I seriously doubt there's a one size fits all solution...
I did address issues that cross state borders. Again, I only used the environment related example because you did so first.
What?!
There are no rules against dumping limitless amounts of CO2 into the air, how is none too much?
Or do you reject the scientific premises of climate change?