2006-06-24 17:52:24 · 3 answers · asked by DNE 3 in Politics & Government ➔ Law & Ethics
Personally (not professionally) I think it's a great idea, as a legal alternative to lawsuits.
If two people really want to get together and solve their dispute between them, that should be their choice. Think of it as evolution in action. The loser would not likely make the same mistakes again.
Of course, if we do that, it needs to work better than the current laws allowing arbitration. They are so off-balance that effectively a rich company can prevent a poor person from ever having a chance to be heard, and courts favor arbitration above justice because of the huge backlog of cases.
So, sure, allow it as an option, but only where both parties agree -- both at the time of the contract AND when the dispute occurs and needs to be resolved. And no lawyers (or other proxies).
2006-06-25 06:41:08 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
The problem with dueling is that it's based on the idea that God or the gods or the Fates or whatever you believe in will favor the just party, and they will win the fight. But in reality, the most skilled fighter, or luckiest fighter, or fastest fighter, or whatever, will win. And the outcome has nothing to do with Justice.
Admittedly, our legal system is not ALWAYS just. And this is a source of great frustration for everyone. The reason that our legal system is not always just, is that Justice is a perfect concept. Justice is an ideal. But our legal system is made by human beings, as a means to an end. That end is Justice. But because our legal system is a tool made by humans, it cannot be perfect. Humans are not perfect, and therefore are unable to create perfection themselves. So, our imperfect tool, the Legal System, which we use to attempt to achieve the perfect end, Justice, will always fall short. That's why it's constantly changing, as people vote on new laws, governments enact new laws, and judges interprete new laws -- we, as a society, are constantly fine-tuning our Legal System to try to get it closer and closer to Justice. We'll never get it perfect, but that can't stop us from trying. Because the closer we get, the more just our society will become. And if we want peace, we must work for justice.
2006-06-25 08:01:10 · answer #2 · answered by Jimmy the Saint 2 · 0⤊ 0⤋
Not at all. Justice isn't seeing who's a better shot. Justice is blind, equal, and fair.
2006-06-25 01:10:31 · answer #3 · answered by Dave A 2 · 0⤊ 0⤋