Philip Howard: Four ways to fix a broken legal system
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http://www.ted.com The land of the free has become a legal minefield, says Philip K. Howard -- especially for teachers and doctors, whose work has been paralyzed by fear of suits. What's the answer? A lawyer himself, Howard has four propositions for simplifying US law. TEDTalks is a daily video podcast of the best talks and performances from the TED Conference, where the world's leading thinkers and doers give the talk of their lives in 18 minutes. Featured speakers have included Al Gore on climate change, Philippe Starck on design, Jill Bolte Taylor on observing her own stroke, Nicholas Negroponte on One Laptop per Child, Jane Goodall on chimpanzees, Bill Gates on malaria and mosquitoes, Pattie Maes on the "Sixth Sense" wearable tech, and "Lost" producer JJ Abrams on the allure of mystery. TED stands for Technology, Entertainment, Design, and TEDTalks cover these topics as well as science, business, development and the arts. Closed captions and translated subtitles in a variety of languages are now available on TED.com, at http://www.ted.com/translate. Watch a highlight reel of the Top 10 TEDTalks at http://www.ted.com/index.php/talks/top10
Kommentare
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This is very true...
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Changing civil law to a "loser pays" structure like the rest of the world will diminish many of these frivolous lawsuits.
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Judges already have authority to "toss out unreasonable claims." They can toss out complaints that 'fail to state a claim recognized by law,' and the judge can decide that a plaintiff is not entitled to judgment 'as a matter of law.'
I don't understand why he would fail to even mention this, unless he is either a shill for chamber of commerce/business interests or just stupid. I don't think he is stupid, so.... -
Derp, if we 'restore authority to judges and officials to interpret and apply the law,' that will make the outcomes much less arbitrary and uncertain than if there was legislation laying out a test in specific and particular language passed by an elected body that considered the issue with input from experts over the course of months.
I'd love to go back to a time when people didn't think about the consequences of their actions, because "self-consciousness is the enemy of accomplishment." Back in the good ol' days, doctors weren't self-conscious about their actions or thinking about the consequences of their treatment, they would just give you whatever. Things were accomplished, sure, sometimes that thing would be your death, but at least the Doctor didn't have to think about whether his actions would harm his patient.
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I'm starting to see EFFICIENCY coming back in everyone's life with those simple and brilliant advice from TED.
Thank you, Philip K. Howard! -
Most of his stories aren't problems with the law, they're either problems with people being poorly educated about the law and therefore being terrified of it, or with professions that want a scapegoat for their own poor performance. "Oh, I'm so scared of lawsuits I can't do my job properly." More likely, you just can't do your job properly period. Some of his examples are just wrong.
Look, this guy's speech sounds great, until you find yourself harmed by some doctor who was negligent, or your kid has a teacher who's not properly protecting them from bullying and the administration won't intervene. Or the company builds the polluting factory upwind from your house because there was no environmental review. There are problems with the law, but his "fixes" are too vague and/or in the wrong direction. -
This talk should have focused on the central question "Who do you trust?" Laws are made because of that lack of trust. Almost all professionals and professional groups cannot admit that there are bad doctors, teachers, priests, CEOs, managers, bankers, investors, policemen, judges in short people with authority that may abuse it. They all become reflexively defensive instead of reflective. Only when these groups justifiably out and throw out these abusers who give the profession a bad name will trust be restored and legal remedies be reduced. Currently, I don't see this happening. The ethos if I'm not caught I didn't do anything wrong is permitted by their kind. The complacent commit a worse crime than the abusers..
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I like what you say. I don't have any faith that anything will happen. You are outnumbered, outgunned and surrounded by a majority that has a different agenda. I have to go now, Judge Judy is on. Good luck.
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I enjoyed listening to this but I do not agree with much of the limited information that is being addressed as an all incompassing perspective. The coruption of government has led to the userping of naturla rights and enslaved the people as citizens of the corporation. This is the legitimate problem with administrative jurisdictions. Common law is no longer followed as the civil law has userpt it without the peoples consent and now the majority is ignorant of it.
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Olivia, if you don't mind, please share your view of the other side.
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To counter intimidating legal expense, Howard proposes giving radical authority to judges to rule by a greater social justice. But he ignores the obvious “elephant in the room” of looser pays”, saying tort reform has been tried with limited success. No! No one has required losers in civil cases to pay all expense of winners, including requiring their attorney to pay if he was working on contingency. This is the obvious solution to such an unnatural plaintiff advantage, but lawyers despise it.
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Have a look at my blog, insightful article on Diversity in the British Legal System :) misshardcastlesblogging.blogspot.co.uk
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This is one side of it, but can't help poking holes through this logic here. Noble ideas and all that...
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In my higher level courses, we watch TED every day. :)
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Ability to judge by Congress and mandatory sentencing. While we pay billions to fight the war on drugs that we have already lost, and we fill our prisons with non violent drug addicts who simply need help, while there is no room left for rapists. The Land of the Free has become the Land of Fearful, and instead of laws protecting our freedom now enslave us!
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You can't run a society by the lowest common denominator! We have to trust people, restore the authority for people to make common sense judgements, and judge a law on its impacts to society as a whole and not on how it affects the disgruntled individual. Right on! Law makers pass laws to justify their existence, lawyers fight to make things as complicated as they can to ensure future work, and dishonorable people use the legal system to bully and rob, and judges have been stripped of their
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As a teacher, I have to watch everything I say every day. Everyday I have to watch everything I do as to not violate some city, county, state, or federal law as any violation could cost me my career.
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1 way to get rid of a broken legal system.... get rid of it
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If you look at the foot of the stage, you'll see a clock counting down. Neat way to let you know how much time you have left.
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The TRUTH is the culture trickles down from a TOP DOWN structure. The culture at the top are luciferian Baal worshipers who want to Kill, Rob and ultimately destroy you. But first, they have been secretly sucking the blood out of you. They were able to achieve this by stealing away your two vital powers without which you cannot sustain a free, prosperous and secure lifestyle. Once you learn how and WHO stole these powers you SHOULD want to take them back. It is possible but first you MUST learn.