Thoughts on U.S. Jurisprudence?

[Philhelm]

In another thread, someone had stated that without at least some regulations, there could be a threat to public safety. The scenario used was about barbers not having safety regulations in a libertarian society, and that there could be an increase in the spread of disease with no accountability for the barber. My response was that there would in fact be accountability, since an individual could sue the barber in court for negligence in this particular situation. If punitive damages were added in addition to compensatory damages, then I'd imagine that most barbers would be more inclined to maintain some level of health standards, without regulations or statutes, so as not to be held liable. If the barber did use safe methods, then he could mount an affirmative defense. Furthermore, in negligence cases, it must be proven that the negligent act was forseeable and that a duty of care had been breached. It would be of great benefit to the barber to observe safe practices, even without government intervention.

In any case, the reason I have brought up this scenario from the other thread is that I had also responded that it is assumed that we wouldn't use our current jurisprudence in a libertarian society. I'm also wondering what others' thoughts on our legal system (not the actual laws) are, and whether or not it is compatable with liberty. Personally, I think our current system is compatable with liberty; however, it's the statutes and regulations that are the problem, and not U.S. jurisprudence. In the above scenario, our current legal system, combined with libertarian laws (or lack thereof), would certainly allow for holding people accountable for their actions, without the need for specific laws. Your thoughts?

[lynnf]

my opinion is that most judges are crooked -- that doesn't speak well for the system.

lynn

[Philhelm]

my opinion is that most judges are crooked -- that doesn't speak well for the system.

lynn

While I would intend to agree, the corrupt human element could be greatly diminished if there were far fewer laws in existence. After all, not being required to enter the courtroom eliminates the chance of a corrupt judge to make an unjust decision. But is the entire system itself of no value? Are the legal philosophies, not the laws themselves, compatable with liberty?

For instance, would contract laws, negligence laws, and so forth, be a problem in a libertarian society? Specifically, if we were to eliminate all of the unjust laws, could the current legal system work well?