Quote
“I believe that every right implies a responsibility; every opportunity, an obligation; every possession, a duty.” John D. Rockefeller News
This week the UK Justice Secretary unveiled plans to limit the costs of legal fees for compensation cases, and make the winner pay their own costs from damages awarded.
The current “no win, no fee” system enables people who feel they have suffered loss due to negligence to enlist a lawyer no matter how poor they are. However, in recent years the legal costs in such cases have escalated; for example, in 2008-09 the NHS paid out almost 50% more to lawyers than compensation to patients who suffered due to negligence (£456 million in fees, as opposed to £312 million in compensation).
At one level the new plans are an attempt to restore a sense of proportion and balance between the competing interests of individual claimants, large organisations, insurance companies and law firms. However, beneath this lies a warning that relationships are breaking down, as people who feel wronged tend to resort increasingly to the courts to get what they want, rather than seek a fair outcome through mediation.
The slide towards a litigation culture is the consequence of other relational factors. Firstly the scale of many organisations makes it hard for individuals to feel their grievances are being heard. Secondly, the emphasis on rights tends to polarise the individual and the community, with the former claiming entitlement to their rights from the latter – rather than trying to identify and deal with the particular strained relationship.
Furthermore, there are ripple effects from compensation claims, because every pound paid in compensation and legal fees means a pound less for medical care or other public services, plus higher insurance premiums for everyone.
Two realities remain in tension: the need to hold people responsible for their actions, and the need to be gracious when people make mistakes, as we all do. The more attention we pay to the underlying relational issues in a dispute, the more likely we are to appreciate that many cases a sincere apology may be more valuable compensation than cash.
Read on...
The Cambridge Paper by Julian Rivers called “Beyond Rights: the morality of rights-language” offers a Christian perspective on the pros and cons of seeing justice in terms of rights. You can read the paper here.
Walk the talk
It is easy to get entrenched in a dispute, and it takes courage to seek a compromised settlement. Is there a situation in which you could make the first move? You may lose what you feel entitled to, but you would gain the peace of mind that comes through reconciliation.
The last word
From the Bible, Matthew 5, verse 25-26: "Settle matters quickly with your adversary who is taking you to court. Do it while you are still with him on the way, or he may hand you over to the judge, and the judge to the officer, and you may be thrown into prison. I tell you the truth, you will not get out until you have paid the last penny.”
From the Bible, Matthew 5, verse 25-26: "Settle matters quickly with your adversary who is taking you to court. Do it while you are still with him on the way, or he may hand you over to the judge, and the judge to the officer, and you may be thrown into prison. I tell you the truth, you will not get out until you have paid the last penny.”
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