Posts Tagged ‘parasite’

Oligarchy of The Red Tapeworm

Thursday, March 27th, 2014

Dear Friends,

 

It seems to me, the legal system is supposed to facilitate market interactions, but in reality the legal system more often than not, is a parasitic drag on the free market. Like a tape worm imparts some resistance to diarrhea when it is small, it eventually outgrows it’s host, and if it isn’t dealt with, the host eventually starves to death no matter how much food they eat. This is not to say that there should be no laws. It is to say that the legal system in most western countries has out grown their hosts, the economies, and is draining those economies the vital sustenance, capital, they need. Many people have pointed this out to no avail. The reason the legal system always overtakes the national good is because Lawyers are a defacto oligarchy. Our economic futures rest on our ability to prune back the parasitic nature of our legal systems, else we and our children will live in an economy that is being starved, by the very legal system that is supposed to protect it.

 

Market economies need standards, this is a basic fact of any study on market economics. People have to be able to make valid legal contracts, that are binding, we have to be able to sue for redress of economic harm visited on us… among a whole host of other valuable services a functional legal system provides. No economy can do without laws and standards. However, as Madison said in The Federalist Papers, when those laws become so abstruse, even a person knowledgeable in the law cannot possibly understand them all, you have tyranny.

 

The legal system is essentially a faction. This faction, like all factions, seeks the best interests of it’s members, no differently than a labor union. The legal faction is made up of attorneys. It is not coincidental that all governments have a large portion of their members as attorneys. Modern governments are broken into three branches, Executive, Legislative and Judicial. This was Montesquieu idea, to limit the source of most tyranny that ruins republican government, an overly powerful Executive. Break the authority from the Executive to adjudicate over law, and form it into a new, or third branch, the Judicial, (the lawyer’s exclusive branch). So, since all three branches are largely populated by lawyers, most legislators are attorneys, most Presidents have been lawyers, and with one branch exclusive to lawyers, the legal faction is overly represented in government. This makes the legal faction an oligarchy. They eventually rule, not in the interests of everyone, but in the interests of their faction, the classic definition of an oligarchy, ala Aristotle’s wrong forms of government.

 

Many learned people have suggested tort reform but it never gets anywhere. That is because the very people who would have to pass it, lawyers, would suffer real harm from it. The legal faction’s power would be diminished and the members of it, attorneys, would suffer economic harm. That is why tort reform is always dead on arrival whenever anyone offers it. Moreover, every time a new regulation is written, a new law is passed, a court finds a business has to pay a litigant for burning herself with hot coffee, or a judge rules a legal contract is null and void, along with many other legal abuses, the demand for lawyers goes up. Economics 101 is supply and demand, as the barrier to entry is raised by more and more stringent testing and pretesting requirements, lowering supply, while at the same time the demand for attorneys is elevated by absurd rulings and tomes of arcane regulations and laws, raising demand, the profit for lawyers must necessarily go up.

 

That is why the media and lawyers attack oil company profits in the tens of billions but no one decries the profits of law firms that run into the hundreds of billions. Doctors are vilified for charging what they do to save the life of a child but the absurd charges attorneys get away with are ho hummed. The legal faction controls the government and thus the conversation. The fees of lawyers goes up, along with the regulations they pass and society has to follow, in a Fibonacci curve while economic growth dwindles away. No matter to the legal faction however, their fortunes continue to rise. But, like the Roman empire was destroyed, in no small part by the stifling regulation and bureaucracy, their legal system built up, our modern societies are being eaten from within by the red tape worm of the legal faction. Most likely, we will end up like the Roman civilization, because we refuse to learn the lesson history teaches us.

 

 

Sincerely,

 

John Pepin

Lawyers and Society

Wednesday, November 11th, 2009

Dear Friends,

It seems to me that Lawyers are little more than parasites on the corpus Humana. The job of an attorney is to facilitate transactions between people to allow capitalistic enterprise to work. Attorneys have discovered however that if they throw roadblocks, loop holes, and sue whenever they can, they make far more money.

So Lawyers have eschewed their true function in society and have instead taken the path governed by greed. Not greed that is channeled to help the lot of man but greed that profoundly negatively affects the lot of man. As attorneys are complaining that big oil makes too much money… one year it was $30 billion dollars. That same year, lawyers made well over $100 billion, after tax. Lawyers complain that the health care system should be socialized using the single payer model but are in far more need of being reigned in than any doctor. Moreover Lawyers are fond of calling others greedy. (What else is the premise of the argument that “pay for services” cause doctors do too much testing)? When in fact they are the most greedy people on Earth! They feed their greed at the cost to mankind!

Every time a judge finds that a criminal who cuts his arm breaking into a person’s home is entitled to damages they create more demand for attorneys. Every time a judge finds a loophole in a solid contract they create a greater demand for lawyers. Every time a judge finds that I am liable for your action they create more of a demand for attorneys. Every time a legislative body requires more paperwork and regulations for business to work they drive the demand for attorneys. All of which drives up the cost of doing business and therefore slows business (job) growth.

The legal justice system in the US feeds the greed of today’s modern lawyer. An advocate they are… no more. Divorce lawyers keep former lovers at each others throats. Instead of giving up a $100.00 item lawyers will encourage their victims to pay them $1,000 to fight for it. All the while saying they are basically a plumber who charges by the hour.

What plumber could come into your home to fix a leak, break every faucet in your home, even ones that didn’t formerly leak, charge you five times his quote and act like you are a jerk? Lawyers would tear him to pieces. But they don’t have any oversight. They are self governed.

If self government is such a good idea for the Elite (lawyers) then why not for the rest of us? For a law to be valid it must be universally valid. If we cannot be trusted to self govern then how much more those that govern us?? Self government does not work because, as Hsun Ching said, “mankind’s congenital nature is evil.” in that we are self indulgent and our self indulgence is learned away.

Maybe before we destroy the health care industry in the US we should look into creating a single payer system for lawyers? Why should rich people be the only people who can afford to protect their property in a lawsuit? Why is it that only rich people should be able to use the legal justice system to drive their own personal agendas?

Like shutting down progress they don’t like. Road building has become exponentially more expensive since trust funders have their lawyers suing in environmental court. A road was ready to be constructed in Vermont a few years ago, the machinery was on site and initial construction had began, and some judge shut it down. He claimed an environmental study’s timeframe had elapsed (because of the incessant lawsuits that took years to wind through the courts) and the road project must be stopped. Tens of Millions of dollars was wasted…. But what the judge really meant was, “we lawyers haven’t sucked enough money from this project yet. So you must waste millions of dollars of taxpayer’s hard earned money so we can be further enriched!”

That is the definition of a leech if you ask me. Leeching off the labor of those that produce. The legal system in the US is as much friction to the right ordering of society as are all the criminal acts combined. They suck money from the system and waste it just like government. Together Lawyers and government provide a huge weight holding back the working man and woman in this country. But working people mean nothing to someone making $200.00 an hour to destroy people‘s lives.

So yes, I believe that lawyers in the twentieth century, an masse, have decided to go for the gold. Instead of helping society function they hinder it. Making more money even as they deserve less. But when your faction controls the presidency, the legislative bodies and the Supreme Court you have some clout! Madison be damned.