19 February 2009

We as a culture seem hell-bent on self destruction.  Through egalitarianism we seem to want to bring down achievers to match the level to those who either choose not to or lack the ability to achieve.  Through diversity we attempt through whatever means possible to impose quota systems of one kind or another to hold down anyone not quota-ized.  We constantly rail against the institutions that create jobs and employ workers.  But most insidious is employment of our tort system of law.

It has several objectives, the first of which, apparently, is enrichment of tort lawyers; but that is the least destructive.  Second is the aggressive drive to impose regulations, ostensibly for improvement of worker conditions, that serious seem designed to attempt to reduce the ability of our business institutions to compete effectively in world markets.  But worst of all it seems dedicated to obliterate any possible suspicion that anyone should be responsible for their actions or inaction.  If anything happens to anyone the search is on for deep pockets to sue; someone other than he or she who suffers from anything at all must be responsible - and be punished, by paying big bucks, of course.

Case in point the latest judgment against the tobacco industry in Florida where the widow of a 40 year smoker was awarded an $8M windfall.  How can anyone possibly be responsible for injuring his health by smoking?  How could he possibly have known it might be health threatening?  It was known in the early 18th century, has been publicized continually and is marked on the packages of cigarettes.  But the smoker was nonetheless unaware - or if aware unable to help himself.

What next?  They tried guns but the pot of money available to sue was inadequate for their needs; tort lawyers, after all, invest heavily in the next great opportunity and reap up to half the judgment when successful.  Alcohol?  Illegal drugs would be a great opportunity; it's amazing they haven't begun pressing for legalization so they could create a new lawsuit opportunity.  They have alread eliminated as many potential accident opportunities as exist, even though they decry the lack of opportunity there, as businesses have been forced - at high cost - to go to ridiculous extremes to ensure no one could possibly be injured by doing something stupid.   Automobiles?  Why not automobiles?  Or bicycles?  Knives?  Spoons?  Forks?  Matches?  Sticks?  Sports - hey that would be great.  Not enough money there for them.   But they'll come up with something; they always do.  There must be something in computers, television sets and cell phones.

Brave New World redux - the lawyer politicians pass the laws and the tort lawyers exploit them to save us from ourselves, our carelessness, our stupidity, our lack of responsibility.  But  - they are not alone; they have help.  And that help?  Us, we, the careless, stupid and irresponsible for promise to get rich quick for our lack of responsibility - for which we then could be proud. 

As always, we do it to ourselves - led, of course, by the careless, stupid and irresponsible - who, it seems, are also greedy.