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- Path: sparky!uunet!nwnexus!amc-gw!pilchuck!seahcx!phred!harryb
- From: harryb@phred.UUCP (harry barnett)
- Newsgroups: seattle.general
- Subject: Re: FREE CHOICE QUESTION
- Message-ID: <4153@phred.UUCP>
- Date: 23 Dec 92 18:07:16 GMT
- References: <3591@voodoo.UUCP>
- Sender: news@phred.UUCP
- Reply-To: harryb@phred.UUCP
- Distribution: seattle
- Organization: Physio-Control
- Lines: 111
-
- In article 3591@voodoo.UUCP, mnb@voodoo.boeing.com (Mike Burr) writes:
- >In article <4124@phred.UUCP> harryb@phred.UUCP writes:
- >>
- >>However, if a statute requiring helmets exists,
- >>then A's insurance company will argue that B contributed to his own
- >>injuries, and possibly would have escaped injury had he not violated
- >>the law by failing to wear a helmet. In such a situation, it is not
- >>only possible, but highly probable that A's insurance company will
- >>escape any liability to B whatsoever, regardless of whether A was drunk
- >>and entirely at fault for the accident.
- >
- >I think Harry is missing the point here. Being entirely at fault for
- >an accident is not necessiarly the same as being responisible for all
- >injuries and costs that result from the accident.
-
- BEEEEEEP! Wrong Answer. According to well established principles of
- English Common Law of Torts, from whence US law derives, (and even
- further back into its roots in something loosely called the
- 'Judeo-Christian Ethic',) this is exactly WRONG, OPPOSITE OF 'THE WAY
- IT IS', ETC.
-
- If you wanna throw out the foundations of US law and establish your own
- set of laws/codified ethics/social system, have at it. Just be up
- front about where you're coming from and what you're trying to do.
- OBTW, you should expect to meet quite a few froward and contentious
- people along the way.
-
- Don't accuse me of 'missing the point', just because I don't agree with
- it. Maybe I've got your point pegged pretty well. Let me see. Does
- it go something like this?
-
- "I have a right to demand that others live their lives under a set of
- constraints that I and other 'right thinking' (Oops, 'politically
- correct thinking') people like me establish. If you think like me,
- then your input will be considered. If you do not, then you are
- obviously unqualified to have an input, and we will get *REAL* anal
- retentive and *FORCE* you to live OUR way."
-
- >Clearly, if the
- >innocent party in an accident doesn't exersize
- >due care, or is negligent in providing for their own safety, most or
- >even all of the cost and injuries in a accident can be due to their
- >actions - and not the "at fault" individual.
- >
-
- Great followup! Terrific argument! Let's see where else it can apply?
-
- Hmmm!
-
- How about:
-
- Clearly, if the innocent <victim> in <a rape> doesn't exercise due
- care, or is negligent in providing for their own safety, most or
- even all of the cost and injuries in <a rape> can be due to their
- actions - and not the "at fault" individual.
-
- Really original! Coherent! Rational! A blinding point of light!
- Somebody call the defense lawyers and let them know all about this
- reasoning!
-
- >I personally applaud such behavior by an insurance company as I don't
- >believe having an insurance policy gives one the right to
- >abandon due caution and a *reasonable* amount of personal responsibility
- >and common sense. I can't count the number of times I've heard someone
- >say "Don't bother locking the door... it's insured." Translation: "I'm
- >too lazy to make even a minimal effort to protect myself, but if my
- >lifestyle winds up costing me, I expect everybody else to pay".
- >
- >My own opinion is that insurance is supposed to spread risk amoung
- >individuals with *similar* risk profiles - not subsidize high risk
- >individuals with low risk individuals. But this concept is getting
- >lost with "one size fits all" group insurance coverage.
- >
-
- Ready. Fire. Aim. But totally irrelevant to the posted scenario you
- included. Try reading it. Then try again.
-
- >>This law, along with seat belt laws, (and, incidentally, ALL other
- >>statutory law, and most common law :-), is conceived, designed,
- >>enacted, imposed, and enforced for the purpose of keeping The Money in
- >>the hands of The People Who Have The Money.
- >
- >Wow! That a pretty broad (and ridiculous) statement. The simple fact
- >is that the more insurance companies have to pay out, the more they have
- >to collect from the rate payers. Blaming the "people with money" or
- >"the stockholders" is inappropriate and just plain wrong.
-
- Let's see. Is this where I'm supposed to say, "No, it's not!" so you
- can say, "Yes, it is!" so I can say, "No, it's not!" so you can
- say...? Ohhhhhh, I just *LOVE* 'simple facts' and 'plain wrong'
- things, don't you?
-
- Confucious say: Responding to one glittering generality with three
- more pretty ridiculous argument!
-
- >
- >--
- >Michael Burr Boeing Computer Services, Bellevue WA
- > Email:mnb@voodoo.ca.boeing.com
-
- harryb@phred
-
- -----------------------------------------------------------------------
- Brittanius (shocked): Caesar, this is not proper.
- Theodotus (outraged): How?
- Caesar (recovering his self possession): Pardon him, Theodotus: He is
- a barbarian, and thinks that the customs of his tribe and islands are
- the laws of nature.
-
- --Caesar and Cleopatra, Act II, George Bernard Shaw
- -----------------------------------------------------------------------
-