[dreamdu5t]

I would rather have judges, in a court case where parties get to represent themselves, applying common law, with a jury of my peers deciding the verdict... than random idiots elected by a bunch of other random idiots I don't know make laws without my input.

[bane]

Consider this:

You just died because, during treatment for an easily treatable medical problem, a lack of regulation allowed some part of that treatment to have a higher probability of complications.

Now go sue.

[burntsushi]

That just doesn't make any sense. That's a problem with and without regulation. First of all, some medical procedures have risks. That's just how it works. Second of all, someone could die in a world with a ton of regulations by a problem that could have been "solved" by a regulation. So you're emotional retort applies here too: "Now go elect a new representative to pass a different law."

[bane]

It makes no sense to die from an unregulated medical procedure?

Let's say it's stitches, and there's no regulation against reusing a stitching needle because in your world the elected body doesn't do that sort of thing. The doctor just washes it off a bit so it's not so gross looking every time.

You're one of the 1-2% that contracts something horrible from the doctor and you're dead within 24 hours.

Now sue.

[burntsushi]

> It makes no sense to die from an unregulated medical procedure?

What? No. Your argument doesn't make any sense. I then went on to explain why.

> Let's say it's stitches, and there's no regulation against reusing a stitching needle because in your world the elected body doesn't do that sort of thing. The doctor just washes it off a bit so it's not so gross looking every time.

> You're one of the 1-2% that contracts something horrible from the doctor and you're dead within 24 hours.

> Now sue.

This is precisely the same argument as before, but with an example. My criticism still applies. I'll adopt your example so that my criticism is crystal clear:

> Let's say it's stitches, and since law makers didn't setup regulation against reusing a stitching needle because in your world the elected body is incompetent/ignorant/behind. The doctor just washes it off a bit so it's not so gross looking every time.

> You're one of the 1-2% that contracts something horrible from the doctor and you're dead within 24 hours.

> Now elect a different representative to change or add that regulation. Or lobby your existing one.

In either scenario, the end result is "you're dead, so ANY fix is moot."

[bane]

But they're already elected and already regulating. The counter argument is an argument against regulation, period, let lawsuits and the free market sort it out.

The theory goes, people won't go to doctors that reuse stitching needles vs. the doctor down the street who does.

This is not a theory I subscribe to -- that's the politest thing I can say about it.

[burntsushi]

> But they're already elected and already regulating.

You missed my point. You can't protect against every kind of malicious behavior. Therefore, whether you have regulation or not, people are going to die from doctors doing stupid/evil things. And your retort still applies: "You're fucked. Oh well." (I'm not saying this justifies freed markets! I'm saying this makes your argument bunk.)

This is the third and last time I'm going to say it: your appeal to emotion applies equally in both state regulated markets and freed markets.

> The theory goes, people won't go to doctors that reuse stitching needles vs. the doctor down the street who does.

That's a red herring to this entire discussion. You were criticizing the idea of "suing" being a bad solution and yet, you've dismissed freed markets for a completely different reason here.

The whole point of suing in this case is restitution. Just because you're dead because of a gross needle doesn't mean someone can't sue the doctor on your behalf. This gives doctors the same kind of incentive to treat you well in a freed market as in a state regulated market. (e.g., They do bad things and they have to pay a price.)

You're trying to discuss two entirely separate issues: 1) pressures on consumers aren't good enough to keep them away from bad people and 2) pressures on doctors aren't good enough to keep them from doing bad things. I recommend refocusing your argument to clarify what exactly it is you're trying to say.

And if you can't manage a polite response, then g'day.

[gte910h]

Judges create case law, over and over. Common law was created that way, and tons more is created that way every day.

I don't know why you assume this is better that popularly chosen law.

[dreamdu5t]

Common law is popularly chosen law created by the people. Statutory law (almost entirely with the exception of a few states and their referendums) isn't. Statutory laws applying to 350+ million people are crafted by 435 people.

[gte910h]

>Common law is popularly chosen law created by the people

No it's not. It's case law from England. It's created by judges.