The Legal Analyst

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First 60 pages:

Chapter 14 -


  • General WTF - if a wrong is committed, the perpetrator pays. Full liability (strict liability) solves it.
  • Least cost avoider - another flawed doctrine. It makes the person who could solve it cheapest pay. How about considering who is guilty? WTF?
  • 47 Strict liability - doer pays all damage that an act causes. Can we get bastards under strict liability and not under triple tree damages?
  • 37 single owner - doctrine where you penalize when someone does not acta as a single owner would.
  • Summary - another shitty book on a disintegrated perspective (non-holistic), siloed thinking, denial of universal agency and prosperity.
  • Minimizing waste or maximizing wealth (concentration) - complete perverse incentives of enforcing artificial scarcity. The legal system enforces this scarcity. Profound change is needed. Faulty mental models and biases need to be eliminated.
  • Res juricate - the thing is decided - doctrine that prevents second trial that brings up new issues.
  • p9 - patents - one claim is that by getting a patent and preventing others from the same - others are incentivized to innovate on other ways. Bullshit argument - because nothing prevents others from innovating if patent does not exist. If patent does not exist, there is more ab-initio thinking, which may be argued to increase innovation.
  • Inadvertent Cognoscenti - people who don't keep things secret, but who don't take the trouble to fill everyone in. Effective Trade Secrets