[sageikosa]

I believe litigation in the United States is based on the idea that access to the courts to redress grievances (against private individuals or public institutions) is fundamental for a civil society. This goes as far as preventing habeas corpus from being suspended in Illinois during the American Civil War as the courts were still in operation, and the "justification" for holding people in Guantanamo. While I have heard the vague generalities of "overreach" and "unconstitutionality" levied against regulation by some opponents, the more nuanced economic argument is that regulation creates barriers to entry, slowness to adapt, and governmental bloat (i.e., bureaucracy which can only be reined in by more bureaucracy). The market solutions to regulation are more properly insurance (by producers) to cover claims and tort constraints. Snowflake society doesn't like calculating the economic (market) value of risk to life or limb, but the truth is that without reasonable tort the economic impact will still be born, but socialized by non-risk takers subsidizing expanding bureaucracies.

[jacquesm]

Funny how litigation in the United States being based on the idea that access to the courts to redress grievances being fundamental for a civil society then causes that very same society to go out of its way to deny those rights to others.

Fairly incredible actually if you think about it for a while.

[sageikosa]

Not sure what the subject of that sentence was; it appears to be passive (and actorless) in the first part but the dependent clause (after "then") seems active voice.

What or whom is causing society to go out of its way...? Litigation?

[aseipp]

> Snowflake society doesn't like calculating the economic (market) value of risk to life or limb, but the truth is that without reasonable tort the economic impact will still be born, but socialized by non-risk takers subsidizing expanding bureaucracies.

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....

[syrrim]

I wasn't under the impression Somalia had a particularly reliable court system.

[sageikosa]

Thanks for playing

[vacri]

However it's true - anti-regulation types don't care about regulation in their favour. For example, look at patents or copyright.