Today is December 7, 2012. Seventy-one years ago today America was attacked, killing over 3,000 sailors, soldiers, and civilians. It led to a war that lasted years, cost a lot of money and lives, and ended with the losing nations paying a lot in reparations to the victors. It reminds me of a lengthy court case. You had an attack (intentional tort), a prolonged battle (jury trial), winners and losers (verdict), reparations (payment for damages), and in the end all sides moved on and returned to dealing with each other in a non-violent manner (civilization).
The war analogy isn’t perfect, but it does provide a basic framework to understand the law. The most important part to understand is that even after a lawsuit we all live in the same society and as long as the lawsuit isn’t frivolous and everything is proper in the presentation of the case, then the verdict should lead to justice for the parties. In this manner we maintain a steady civilization. The loser may not be happy about the result but hopefully no party is harmed so significantly that they can not continue with a peaceful coexistence.
I myself was sued many years ago. A cow I owned escaped and ran to a neighbors property. The neighbor tried to get my cow, who was happily eating his organic garden, to return to my property, but he fell during the chase and broke his leg. When my insurance company settled without a fight I was angry. Only after the passage of many years and graduating from law school did I understand the reality of what happened.
My cow was the proximate cause of my neighbor’s injury. Had he not been chasing my cow he probably wouldn’t have fallen and broken his leg. I had a duty to my neighbor to keep my cow out of his garden (property). Obviously, I failed at that duty. My neighbor was damaged and without some way to pay his medical bills he may have been financially ruined. Luckily I had insurance so my negligence did not financially ruin me. After the settlement, however, we were still neighbors and had to coexist. My wife even babysat his children after the lawsuit. Hard feelings help no one and I say, “no blood no foul”. We both learned a lesson and neither of us were ruined.
Perhaps 71 years ago, if both sides had been able to avoid an emotional confrontation we would not have had a conflict in the first place. Fortunately, time heals all wounds and I am thankful for the Japanese friends I have, the American veterans of WW II that I have had the honor to meet (this includes you John), and the people who had the foresight to look past the grievances at the end and be willing to reconcile.
Hopefully, all who read this blog will understand my philosophy about the U.S. system of justice. It isn’t about punishing someone. It isn’t about raking in big jury awards. It’s about putting things to rights when someone is damaged. It is about making sure no one is financially ruined. It is about avoiding a protracted conflict through negotiation and if that fails then about doing the right thing for the injured parties. In the end it is about fairness and justice……but so is life in general. Hopefully, when we all learn this lesson…that will truly be a day to remember. And to our veterans, thank you for your sacrifice.