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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures."
-- Daniel Webster
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Monday, September 08, 2003 :::
Colby Cosh responds to comment on pain-and-suffering caps. In the course, he makes the following point:Civil law is supposed to confine itself to specifiable recompense to individuals who have lost tangible value by an offence against social or contractual order. But "pain and suffering" awards are, essentially, punitive, sometimes explicitly punitive. You harmed me; pay up. However noble the idea behind these awards, their effect is to turn a civil proceeding into a criminal prosecution. The resulting problems are obvious: we risk creating a legal system wherein double-jeopardy is universal, and wherein criminal issues can be tried in disguise according to the laxer evidentiary standards of civil court. An important point, and well-put. Though a civil trial can't result in jail time, which is why O.J. is free to search for the real killer.
::: posted by Steven at 10:14 AM
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