I just read Burke yesterday. He emphasizes how the US consitution structures government so that the courts are the only recourse here -- unlike in Europe.
On Thu, Jan 23, 2003 at 02:00:29PM -0500, Doug Henwood wrote: > Bill Lear wrote: > > >Doug Henwood has been critical of Ralph Nader, if I remember > >correctly, for, among other things, relying on the court system to > >solve what are at root political problems. Gorman seems to believe > >that there are two choices: use the courts or use violence. But what > >about political organizing? Doug, is this basically your criticism > >and response? (I think Doug may have used the words "antagonistic > >system" or some such ... my memory is hazy on the specifics.) > > Of course litigation is "political," but what I meant by this is that > Nader uses the courts as a substitute for more organized forms of > regulation or advocacy. He's hardly alone in this - most American > liberals share the tendency. So instead of unions we get sex > discrimination lawsuits; instead of product safety regulation, we get > after-the-fact lawsuits, etc. Nader has argued that a lawsuit heard > before a jury is much preferable to a regulatory body, since > regulators develop their own interests and agenda, whereas a jury has > no interest in the case and dissolves when the verdict is rendered. > It fits in perfectly with American individualism. This is all nicely > dealt with in Thomas Burke's book Lawyers, Lawsuits, and Legal > Rights; I interviewed Burke on my radio show a few weeks ago, and you > can hear the interview at > <http://www.leftbusinessobserver.com/Radio.html>. > > Doug > -- Michael Perelman Economics Department California State University Chico, CA 95929 Tel. 530-898-5321 E-Mail [EMAIL PROTECTED]
