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#1 |
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New Blood
Join Date: Mar 2010
Posts: 23
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Private Army and Courts
Some of you may be aware of the existence of a big fellow called Penn Jillete, famous for being an outspoken "nut libertarian" and many times referring to himself as an anarchist or anarco-capitalist
One of Penn's most famous ideas (in this matter) is that he wants, with exception of the army and the judges, everything to be private. Well, I disagree. I say even the army and the judicial system could be private. let me try to start two quick points here First of all a big part of the American Army is already private. We have a number of contractors and think-tanks working for us and as businesses they will compete in the marketplace to provide the best guns, technology and information so they can make a profit. We don’t have a problem with that, because as customers whenever we are not happy with their services we can hire someone else. Aside from that, all staff and officers in the army get paid. Why would they care if the name on their paycheck is the government or a contractor company hired with government money? Then again, If the company in any way doesn't do their job well or their private interests do not conciliate with the interest of the people… we stop paying. Second. The concept of private court might be a bit odder to accept as Judges are supposed to be neutral. However in our capitalist marketplace we have no problem finding examples of companies hired to be neutral. Pick for example a company like PricewaterhouseCoopers. Even though they are a private company ,hired by another private company, they must stay neutral when considering the interest of all the parties involved, sometimes screwing their own clients when that is necessary. If PWC for some reason looses their neutrality then they have no business, and people will just go to Ernst & Young or whatever other company. That is exactly what happened to Arthur Andersen, their services where considered biased and quickly the market adjusted itself and a leading company went out of business from night to day. I’m not going to further speculate here exactly how a private Court would operationally work, I’m just making a point that even in unregulated markets we have the mechanism necessary to provide both competition and neutrality. tell me what you think |
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#2 |
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Penultimate Amazing
Join Date: Mar 2004
Location: Wits' End
Posts: 21,647
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Completely unworkable.
If I get to pick a judge, I'm not going to pick a judge that is "neutral." I'm going to pick a judge that is so far in my pocket, he's covered in lint. Especially if there's no penalty for doing this. And especially if this is a case that I can't win, but can only lose -- like if you're suing me for damages. And with private courts, how can there be a penalty? If anyone wants to sue me for using biased judges,.... where will he get a judge that I will accept to hear the case? It's not like judicial corruption is a new thing. What is relatively new (historically speaking) is the idea that judges themselves can be held to answer to "the public," which in a democracy or a republic means the population at large, as expressed through the proper channels. |
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#3 |
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Student
Join Date: Jun 2009
Location: Sheffield, UK
Posts: 40
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I'd recommend reading through this thread.
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#4 |
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Penultimate Amazing
Join Date: Jul 2006
Posts: 13,415
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__________________
"Reality is what's left when you cease to believe." Philip K. Dick |
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#5 |
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Banned
Join Date: Nov 2006
Location: Queens
Posts: 34,947
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police officers working for a corporation?
i think not. have you SEEN Robocop? |
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#6 |
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Anti-homeopathy illuminati member
Join Date: Oct 2003
Location: UK
Posts: 26,564
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#7 |
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Muse
Join Date: Jul 2002
Posts: 764
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Somebody should read Machiavelli's thoughts on using mercenaries.
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#8 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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Oh great! Star Chambers run by private coporations and accountable to coporate courts.
Sure whatever. |
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__________________
Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#9 |
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Bitter Whiner
Join Date: Apr 2002
Posts: 11,313
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Well, people have been using arbitration for quite some time now, fairly successfully. It does, however, use the court system to enforce its swards under contract law. As long as both parties agree to the procedure and agree to the selection of the arbiter(s), there is no real problem with it. |
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[This Space Available. PM for Rates.] |
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#10 |
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Graduate Poster
Join Date: Jun 2008
Location: Bangalore, Cork, Sliedrecht
Posts: 1,007
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#11 |
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Penultimate Amazing
Join Date: Aug 2007
Posts: 22,814
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Did'nt we go through this with Alex Libman?
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#12 |
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Bitter Whiner
Join Date: Apr 2002
Posts: 11,313
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Currently, that has to be agreed upon before-hand or it defaults to the court system. You see arbitration agreements usually in business, where the terms are agreed to before any dispute exists. The American Arbitration Association, as one example, puts out procedures and rules that can be incorporated into thr agreement, or the parties can shoose their own methods.
Typically, you'll have 3 arbiters - 1 chosen by each party and 1 agreed to between the 2 chosen ones. |
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[This Space Available. PM for Rates.] |
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#13 |
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Philosopher
Join Date: Jul 2002
Posts: 5,490
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Brocolis,
Completely unworkable PogoPedant, Very good point about Machiavelli |
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#14 |
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New Blood
Join Date: Mar 2010
Posts: 23
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yup, arbitration is also a good example. Most of the legal issues that companies have with each other very rarely go to trial... companies prefer to settle.
It is more efficient to compromise than losing a business partner. The market tends to avoid businesses that abuse the judicial system. |
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#15 |
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Muse
Join Date: Jan 2010
Location: In Great Birnam Wood, high on Dunsinane Hill
Posts: 864
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To the OP: So in your ideal system, both the courts and the armies are paid with tax money, just as they are now, but they are not government entities, but rather private entities?
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__________________
I don't have enough faith to be an a-Thor-ist. There's just too much proof for Thor. Like thunder and stuff... All good pets have Stockholm Syndrome. |
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#16 |
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Muse
Join Date: Sep 2009
Posts: 535
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#17 |
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lorcutus.tolere
Join Date: Jun 2006
Location: New Zealand
Posts: 23,124
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I have one issue with this ridiculous concept, although it's a rather substantial one.
The OP states that the army will be run by a corporation which will secure a government contract. What government? You've already made it clear the government is itself private (the Judiciary is, of course, one of the three branches of the government). On other words there is no government. What you're promoting is the ultimate capitalist society where a corporation rules rather than the people. Go do some reading up on India and the East India Company at the time of British colonisation, because that's what you're basically talking about. That's when the world saw the most rampant capitalism in our long history. It was an utter disaster, and is directly responsible for many of the problems plaguing that part of the world to this very day. What sane person would want to revisit that? You cannot run a society "for profit". It's as simple as that. |
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__________________
![]() O xein', angellein Lakedaimoniois hoti têde keimetha tois keinon rhémasi peithomenoi. A fan of fantasy? Check out Project Dreamforge. |
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#18 |
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Muse
Join Date: Jan 2010
Location: In Great Birnam Wood, high on Dunsinane Hill
Posts: 864
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I would have to disagree with you on one of your points. The East India Company was formed by way of government monopoly. It alone had the elusive right to trade in India during its time (as far as a British company) and was one of the main things Adam Smith rallied against in "The Wealth of Nations." It wasn't the result of free market enterprise, but rather of a distorted market.
As well, I would have to disagree with your statement that society cannot be run for profit. I believe it is only a profitable society that is thriving, as in developing better technology, ect. The only question is who is profiting? |
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I don't have enough faith to be an a-Thor-ist. There's just too much proof for Thor. Like thunder and stuff... All good pets have Stockholm Syndrome. |
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#19 |
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Hipster alien
Join Date: Dec 2001
Location: not measurable
Posts: 16,805
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__________________
Is the JREF message board training wheels for people who hope to one day troll other message boards? It is not that hard to get us to believe you. We are not the major leagues or even the minor leagues. We are Pee-Wee baseball. If you love striking out 10-year-olds, then you'll love trolling our board. |
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#20 |
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Illuminator
Join Date: Dec 2004
Posts: 3,381
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So I guess the OP is in favor of a one world government then? I mean, once the corperation in charge becomes multinational and big enough to buy their armies as well that would be a natural progression.
I, for one, welcome our new Google overlords. |
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Everyone must believe in something. I believe I'll go canoeing. Henry David Thoreau |
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#21 |
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Graduate Poster
Join Date: Aug 2009
Posts: 1,000
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How accurate would it be to say that absolute monarchs owned the countries they ruled? If he thought he could get away with it, could such a king claim the land of other aristocrats? I mean, the entire country is his, so he would have final say over any part of it. Right?
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#22 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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It is a good thing it is NOT all in private arbitration and that there is a NON corporate court and COTUS
Jamie Leigh JonesWP. Stir the pot David! |
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Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#23 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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__________________
Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#24 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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__________________
Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#25 |
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New Blood
Join Date: Mar 2010
Posts: 23
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Quote:
Quote:
Quote:
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#26 |
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Muse
Join Date: Jan 2010
Location: In Great Birnam Wood, high on Dunsinane Hill
Posts: 864
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I'm on pretty much the same page as Dancing David; it depends on the period you are looking at. In the feudal ages of Europe, the king actually had very little power, (comparably) while in the latter ages, he had much more. The kings power is usually in opposition to the aristocrats, so that the more powerful the aristocrats are, the less powerful the king is.
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__________________
I don't have enough faith to be an a-Thor-ist. There's just too much proof for Thor. Like thunder and stuff... All good pets have Stockholm Syndrome. |
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#27 |
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Philosopher
Join Date: Sep 2003
Location: St. Louis, Mo.
Posts: 9,528
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Why, after reading through newspaper headlines for the last 10 years or so, would anyone decide that "the private sector" was in some way better than governmental agencies?
I mean, there have been just a few instances of rather scandalous abuse, fraud, corruption, theft, etc, etc,.... |
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#28 |
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Hipster alien
Join Date: Dec 2001
Location: not measurable
Posts: 16,805
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Worst analogy ever. The four enterprises you mention are already well established entities. Firing the private army and looking for a replacement army would require finding and training one and a half million people. Then they would have to be outfitted and armed. During the year or two that it would take to build this army from scratch, the U.S. would be defenseless. Your idea is immensely impractical.
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__________________
Is the JREF message board training wheels for people who hope to one day troll other message boards? It is not that hard to get us to believe you. We are not the major leagues or even the minor leagues. We are Pee-Wee baseball. If you love striking out 10-year-olds, then you'll love trolling our board. |
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#29 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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So ignore the problem with arbitration and the fact that companies and people settle out of court so they can hide behind the conditions of the settlement. Then they can say stuff like "Our products have never been proven to be harmful.", why? Because all the people they paid compensation to are under a judicial order.
What about Jamie Leigh Jones and the counteless others that corporation try to screw over? Especially in the name of the bottom line? |
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__________________
Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#30 |
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New Blood
Join Date: Mar 2010
Posts: 23
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Quote:
Quote:
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#31 |
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Graduate Poster
Join Date: Aug 2007
Location: Västerbotten, Sweden
Posts: 1,825
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So are there any REAL examples of private armies and courts that are not corrupt?
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__________________
The habit of the religious way of thinking has biased our mind so grievously that we are — terrified at ourselves in our nakedness and naturalness; it has degraded us so that we deem ourselves depraved by nature, born devils. Max Stirner |
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#32 |
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New Blood
Join Date: Mar 2010
Posts: 23
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#33 |
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Guest
Join Date: Dec 2007
Posts: 8,238
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What happens when the army goes on strike?
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#34 |
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Muse
Join Date: Sep 2009
Posts: 535
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#35 |
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Guest
Join Date: Dec 2007
Posts: 8,238
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Surely each person is totally free in Libertopia. So how can strikes be stopped? Do they bring in the army or.....oh, wait
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#36 |
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Hipster alien
Join Date: Dec 2001
Location: not measurable
Posts: 16,805
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__________________
Is the JREF message board training wheels for people who hope to one day troll other message boards? It is not that hard to get us to believe you. We are not the major leagues or even the minor leagues. We are Pee-Wee baseball. If you love striking out 10-year-olds, then you'll love trolling our board. |
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#37 |
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JREF Bowl Pool Champion
Join Date: Mar 2005
Location: The USA
Posts: 1,551
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__________________
Ah, Australian animals. If it isn't venomous, carnivorous, or has foot-long claws, it's a tourist. |
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#38 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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Sorry , I hope that is a typo, text speech is gross.
And if you can't figure it out, you propose private courts and hold up arbitration, but you don't want to mention the extra judicial processes we already have and the crap that occurs. Your line of thought is probably not thought very far beyond some superficial appeal of free market forces. |
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__________________
Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#39 |
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Penultimate Amazing
Join Date: Mar 2003
Location: Central Illinois
Posts: 34,710
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__________________
Hell, dynamiting fish in a barrel is more challenging. - Ladewig I suspect you are a sandwich, metaphorically speaking. -Donn And a shot rang out. Now Space is doing time... -Ben Burch You built the toilet - don't complain when people crap in it. _Kid Eager |
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#40 |
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Muse
Join Date: Sep 2009
Posts: 535
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