Why Lawsuits Are Good for America: Disciplined Democracy, Big Business, and the Common Law (Critical America)

By Carl T. Bogus

Book Overview

Argues that lawsuits work far better than commonly understood

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald's because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless.

Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce "wrong" results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever.

As Bogus sees it, the common law is an essential adjunct to governmental regulation--essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. "Tort reform"--measures designed to make more difficult for individuals to sue corporations--one of the ten proposals in the Republican Contract With America, and George W. Bush's first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies.

Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of "disciplined democracy" in the twenty-first century.

• Format: Hardcover
• Language: English
• ISBN: 081471319X
• ISBN13: 9780814713198
• Release Date: July 2001
• Publisher: New York University Press
• Length: 265 Pages
• Weight: 0.85 lbs.
• Dimensions: 1.0" x 6.3" x 9.3"

Customer Reviews

A Keeper Book

This well-written book helps debunk any assumption that the title "Why Lawsuits Are Good For America" may contain an oxymoron. Mr. Bogus describes a common law system that is very recognizable to those of us who practice law in America today. Jurors take their responsibilities very seriously. Jurors are fully capable of finding facts and applying nuanced statements of the law and crafting reasoned verdicts. Keep this book in your library and refer to it when you hear others fretting about whether jurors can handle emotional or big dollar cases.

Disciplined Democracy

The author's central argument is that product liability lawsuits are an essential vehicle for enabling citizens to impose societal values on powerful corporations. The market can't do this because the profit motive can encourage corporate behavior that unfairly imposes business's costs on the public. Government regulation is often hamstrung by the pressures powerful competing interests bring to bear on the political process. But, combined with important safeguards built into the judicial process, juries bring diverse life experiences, societal mores, and a gut-level sense of fairness to important issues that impact citizens' lives. The common law enables the community to extract information from hard-to reach places and to provide a democratic check on the powerful. I would say the author made his case.

A Must Read

Thsi book does a great job of describing and defining the two distinct roles of our civil justice system - (1) to compensate victims and (2) to regulate conduct. This book could not be more timely a read for those interested in casting an educated vote in the 2002 elections. President Bush, supported by big business, as tried more than once during the past year to pass federal legislation to give corporate america a free ride. This book explains why "tort reform" is so important to big business and why they are willing to spend so much to put politicians in office that will trade the public's constitutional rights for campaign contributions. After spending the first few chapters with a historical perspective on our jury system and debunking more than a few rumers started by the tort "deformers" the author turns to hsi focus on the area of products liability. This section may be a little over the heads of those that have no experience with the legal system. Not withstanding, I think even the basic reader will understand from the authors examples the grip corporate america has on our government. I think the author does a good job of supporting his words with facts and this book has a wealth of statistical information for anyone who finds themselves entrenched in the war on our civil justice system. I wish I had enough money to buy a copy for every politicians I know.

Articulates Experience

I have long been curious about the value of lawsuits in America because I consult on a number of them as an expert witness. This book articulates many of the ideas that I have developed over the years but had not clearly formulated. The author expresses his ideas very well and makes his arguments effectively so that I am convinced now that the law does a service by allowing citizens to sue in order to redress their grievances. My experience is that these cases are legitimate but Bogus presents the evidence that on the whole this is a healthy process for the country and provides discipline to our democracy. The book is more interesting than I expected and quite well written. The book deals with the gender pronouns (he/she) effectively and in several cases he made me smile reading she where my bias jumped ahead and thought he. I recommend it.