This was it:
Right, but I am not really interested in what happens "soon". I am interested in what happens in this case to Bob's and his missing testicle. Are you suggesting that, in this particular circumstance a miscarriage of justice may occur solely and purely as a result of the design of the "private judiciary"? Moreover, are you suggesting (or I could have misinterpreted) that such a miscarriage of justice is "acceptable", because it's sporadic and will tend to vanish in the limit, so to speak?
I did address this question. My answer was: Bob would relocate his case to another Court. He could legitimately cite "conflict of interest."
Will it? But, quite clearly, the judges are all products of the lower courts that, undoubtedly, have been taken over by the various private sector entities. Why should they suddenly change their respective allegiances upon promotion to the Supreme Court? Suppose for a moment that all the lower courts have been taken over by different insurance companies? Would that not virtually guarantee no justice for Bob (and his missing testicle)?
No, not at all.
This is the purpose of competition. If as you suggest, all the existing Courts were purchased by, or, already supplied by their Insurance companies, then under free entry, competing, non-affiliated Courts could be set-up. Their prices would undoubtedly be higher in the short-term, but, they would be free of bias. They would represent a "neutral" Court, where, justice would not be influenced by the prejudice of the control exerted via the insurance companies.
Further, Insurance companies that fight every claim, refusing to payout even in the most valid cases, would soon lose their customers to the more "just" insurance companies, and their economic influence will soon diminish.
It doesn't really matter what term you use to describe the legal principle at the heart of the system. The point that you're ignoring is that the principle isn't important here. What is important is that, to arrive at the actual enforceable law, the principle is interpreted by someone or someones.
While it is true that other individuals must judge, based on the evidence, governed by the principals of law, it does not follow that the principals of law are unimportant.
No matter how noble a principle you design to lie at the heart of your system, the ultimate implementation is what matters. I mean take any religion, for example. "Thou shalt not kill" etc are hardly a bad set of "Axioms" (I hope you'd agree) and they've been around for a good long time. And yet, we're not quite residing in a perfect Christian heaven.
"Thou shalt not kill" actually is based on an axiom. The axiom of property.
What Statutory Law? What Government? We are examining a case where there is no government and no Statutory Law, as this was the design that you have specified.
I have lost the context of this argument, I'll have to find it, and return to it.
In the case we have discussed, the community of town residents is imposing its will on you and preventing you from exercising the Axiom of Private Property, i.e. disposing of it the way your heart desires (building a nuclear waste treatment plant).
Based on Property rights. They cannot arbitrarily decide that they don't like you, so you can't have your nuclear plant: they have to demonstrate that their property rights are being violated, not will be violated, as "will" is future tense, and may never come to pass.
I chose a term "Zoning Laws" ('cause that's kinda what it is), which you're clearly unhappy with. Let's forget my term and call it the "People Do Not Want a Nuclear Waste Treatment Plant Built In Town" Law.
Which under Common Law, would be illegitimate, and you would get your nuclear plant.
You have stated in your previous posts that this is a perfectly viable situation within the framework you have defined and isn't a result of a poor interpretation of the law by the jury or poor efforts by your Barrister. Is this not therefore a perfectly legitimate case of what I have described in my post as the Axiom being superseded? And if an Axiom can be superseded under certain circumstances (as determined by a viable jury), what sort of an Axiom is it?
You seem to be saying that you were awarded a flawed result, due to a faulty interpretation of the law. That is the purpose of appeal. Am I claiming "perfection?" Of course not. What I am claiming is that everyone is subject to a level playing field under the law.
I beg to differ. So far, you have not demonstrated any specific logical errors or inconsistencies in my reasoning.
So you think.
jog on
duc