@georgeob1,
Quote:You are correct in that the United States is and has long been a very litigious society, compared to other Western states. Even de Toqueville noted our comparative preference for civil judicial resolution of issues relative to the more authoritarian traditions in Europe (including that of revolutionary France). To a large degree this is an essential part of our character as a state, and overall a very good one in my view.
I'm not sure whether you mean it is a good character of your state now in its more complex development or whether it was such when de Toqueville was writing.
By it's more complex development I mean when it begins to reach its tentacles into areas which are not resolvable such as the battle over God and His role.
There is also the problem, and a mighty one it is, that the obsessive litigation causes defensive strategies on the part of those who are the target of the enormous economic penalties to hopefully be imposed on manufacturers and distributers of asbestos, tobacco products and now a proliferating field of pharmaceuticals and even ordinary consumer products. And that the cost of these defensive strategies, non-slip flooring say or safety helmets when inspecting a green-field site with the Govenor for the News bulletin about the proposed nuclear power station, where the safety of the little, hard-working and hard-pressed citizens is paramount in all our thoughts, added to the costs of the litigation which is, of course, of little economic use, if we assume that it is not being used as a motor in the downward distribution of wealth, which I might not assume just as easily as I might, and which might not be economics either, render the US uncompetitive in the Darwinian global market-place, where dog not only eats rat but dog as well, when up against countries where if you complain, say, that the bus stop is in the wrong place because its right next to where the almost permanent big puddle collects on the road and the patiently waiting travellers get drenched when a limousine goes through it on purpose with all its occupants cackling with glee and then you have to work a 10 hour shift in the same clothes sticking Made in China label on boxes coming down a chute by the million and then you complain about the bus stop you get a night in the cells and warning.
I hope that sentence isn't one of those that gives you a pain in the arse. But it does, in a dialectical matter, admittedly a trifle fanciful, shove you up against the balance between safety and productivity. In the twenties Laurel and Hardy showed how to get a piano up some steep flights of stairs, due to land price pressure, the steepness I mean, and the number of them, flights I mean, or across a mountain gorge on a wooden footbridge swinging on fraying ropes over a fast-flowing swollen river of icy water, and Buster Keaton, I think it was, demonstrated how to take lunch on a girder on a 70-story high partially constructed steel skeleton for a skyscraper.
Today, nobody who lived up those flights of steps could afford a piano because of the cost of the crane hire and the attending crew and of getting permission to have a musical instrument from the committee that runs the building in case practicing on it might cause detrimental effects to the other residents. And the steel erectors lunch nowadays will involve a small dining hall with a wide ranging menu, air-conditioned and complete with staff, all going up the building as work progesses. And no self-respecting steel erector today would be seen dead carring a little basket to work with his lunch in it.
So it is not clear whether this view that the "essential part of our character as a state" is a sound view to hold because lawyers are a smart bunch of cookies and they will squeeze until the pips squeak if nothing gets in the way. It might spell economic disaster if nothing does.
It is noted that you put a case for the lawyers. I suppose you know a few. In the Boat Club. Or the Yacht Club, which, if I know my clubs, is one of those places where getting a bit pissed is rendered more respectable by the decor than it is in the tawdry surroundings my low station in life forces me have to put up with.