Litigation Explosion

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Litigation Explosion or Epidemic of Injuries In the articles written by Richard L. Abel and Peter W. Huber both have valid arguments with extremely different viewpoints on the litigation process. Peter W. Huber feels there is too much litigation in our country to where it cripples our society to become more successful. Huber feels there is less encouragement for citizens to take matters in their own hands and take responsibility for their actions. With a rather different perspective Richard L. Abel feels we have too little litigation rather than too much, he believes that manufacturers' products and services cause this and more litigation is actually needed. Abel feels that all injuries that happen to individuals should never go uncompensated. Whether you agree with Abel's theory or Huber's theory on the litigation process today, each makes perfect sense and also has statistics and scenarios to support their theory. In Peter W. Huber?s article he starts by pointing out that taxes cost the country about eighty billion dollars a year which equals the profit the top 200 corporations in America make altogether. The type of tax in which he talks about is called tort liability meaning it is collected and disbursed through litigation. Once that process is complete it is the decision of the court to decide what amount will be paid and the time period. Huber also talked about the change from consent to coercion in which most accidents that occurred use to be handled by a contract between two individuals, he goes on to state that today that no longer seems to be the way things are handled. Today Huber feels that all the details are handled after litigation which provides the conclusion of the shift from consent to coercion ... ... middle of paper ... ...t. Last, both of their views feel that taxes effect the litigation to some point as well. Huber tends to have a stronger view against taxes on the process, however Abel mentions taxes on his views of the litigation process too. In having to agree with either Huber or Abel?s views on litigation I must side with how Huber?s views on the process. I agree that citizens litigate too much on issues which simply to not need to be addressed. There are a great number of cases which are ludicrous and simply can be solved with common sense and are in no need of a judge or juries decision. If some would just act dignified instead of trying to get an easy buck our court system and country would be more successful and a less aggravating process. Works Cited Alvey, Richard L. The Social Organization of Law. Los Angeles: Roxbury Company, 2004. 115.

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