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Is Compensation the Same as Justice?

Accidents happen. But how does society make amends for accidents? The torts system exists to compensate people who have been harmed and to deter people from deliberately committing harms. Professor Gregory Dolin talks about how the tort system, like other areas of the law, may not always deliver perfect justice but sometimes compensation is the best that we can do. https://youtube.com/watch?v=sQ8oWpwPTPY

Transcript

The tort system helps society stay well ordered because from an economic perspective, it makes the person engaged in any given activity from driving, to building anything on their own land, to practicing medicine to whatever it is that they do, basically gather the benefits of that activity. So if you're practicing medicine, you get payments from your patients, you get potential respect from your colleagues and the world. But you know, you are human, doctors are humans, lawyers are humans, you know, house builders are humans and everyone makes mistakes. You don't have to be malicious about it. People make mistakes. You know, you may be driving a car and, not because you're drunk or anything, but completely accidentally hit gas instead of a brake. It happens, but you got some benefit from driving a car. You got to wherever you were going, or generally you get to where you're going faster and more efficiently. So you have to bear the cost of that, of occasionally making a mistake, of occasionally performing wrong surgery, or occasionally hitting the wrong pedal. And by making sure that you pay for your mistakes, the idea is because you have to pay ex post after the fact, you will likely be more careful ex ante. So if you know that, hey, if I'm just pressing pedals willynilly, if I go into surgery and don't check which limb I'm operating and I just start cutting, bad things might happen, and those bad things might lead to bad consequences, not just to the person, the third party, but to me because I'll have to pay money or on a criminal side, I might lose my license or whatever else. And so hopefully you'll make fewer mistakes. Unfortunately we haven't come up with any better way than financial compensation. And although it sounds weird to say, well, a doctor accidentally cut off a wrong arm, so he'll just give you $200,000 or whatever it is and call it even, obviously if you sort of go around the street and ask people: hey, would you let me chop off your arm randomly if I give you $200,000? And most people will say, no, you are crazy. But unfortunately there is no better way of doing things. Now sometimes we get close to "perfect justice" because if somebody destroyed merely your car, and you don't have any particular emotional attachment to this car, just people give you money, go buy a new car, no big deal. If somebody takes off a wrong arm, bigger problem, right? Somebody destroys through their carelessness, your prized possessions, your baby pictures, right? Or something that is the only item that's left from your parents, and it's particularly important to you. We can try to compensate it, but it's obviously not the same. But absent building a time machine, there's really unfortunately no better way. So justice isn't perfect. In some sense that's true in all areas of the law, right? If somebody commits a crime, putting that person in jail doesn't actually make the person that the criminal assaulted, unassaulted, right? It's not perfect justice, but that's kind of the best we can do.

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