My Ignorance is Infinite
Sunday, October 30th, 2005I’m not much of a link-and-comment blogger, but I’ll pretend tonight.
Over at the Volokh Conspiracy, David Bernstein is not happy. Specifically, he’s not a fan of civil juries, which we all know “serve as a completely lawless element that wreaks havoc with the rule of law.” They come up with “ridiculous civil jury verdict[s]” and it’s no wonder they “have been abolished just about . . . everywhere but the U.S.”
What brought this on, you ask? Well, one particular band of unprincipled brigands “blatantly disregarded the law (and common sense)” and “held that the Port Authority of New York was 68% responsible for the (first) bombing of the World Trade Center,” in order to “ensure that the PA would be found more than 51% responsible, and thus, under comparative negligence rules, would have to pay.”
Now, I’m confused. There are a lot of ridiculous things about that case (more than I know, I’m sure), and the verdict is probably one of them, but before I blame everything on the jury system, I would reconsider the rule that someone who is less than 51% responsible isn’t liable for damages. If juries think the law is so unfair they are willing to fudge numbers (which are somewhat arbitrary to begin with) to get around it, I would suppose the problem to be with contributory negligence, not with the juries.
Can someone explain to me either the reason why I should be calling for the foreman’s head on a stake or the logic behind the 51% rule? I mean, aren’t juries supposed to be one of the democratic elements in law, keeping verdicts in line with public opinion and all that? I assume the reason for the contributory negligence rule is something like, “only the party most responsible for damage should be liable for it,” but that doesn’t sound persuasive to me. The issue of who should pay and how much is a hard one, but this can’t be the best solution we’ve come up with.