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Frequently Asked Questions About Common Good
Why do we need to reform the legal system?
Americans no longer trust the legal system to defend them from baseless claims, leading to a culture of legal fear--or fear of being sued. We worry, almost instinctively, that our actions will result in a lawsuit. Afraid of being sued, Americans no longer make sensible choices that benefit the common good. For example, doctors are ordering billions of dollars worth of unnecessary tests and procedures--not to address the health of their patients but to protect themselves from potential lawsuits. In schools, teachers are unable to maintain discipline in their classrooms, fearful that they may be sued by students or parents. Town councils are removing see saws and other playground equipment enjoyed by children because town councils can't afford to be sued if someone sprains an ankle.
What is your approach to legal reform?
The point of legal reform is not to put arbitrary barriers on lawsuits. Lawsuits are a vital component of the rule of law. By making people potentially liable when they are negligent, law provides incentives for reasonable conduct. But the converse is also true. Allow lawsuits against reasonable behavior, and pretty soon people no longer feel free to act reasonably. And that's what's happening in America today. Setting limits on lawsuits is not an infringement of freedom but a critical tool of freedom. Otherwise one angry person, by legal threat, can bully everyone else.
How is what you propose different than "tort reform"?
Tort reform implies just capping damages or blocking access to the courts. Tort reform measures often appear to protect only one side: I'm a doctor so cap my damages. That approach lacks our guiding principle: a focus on society as a whole. Common Good focuses on creating a legal system that is reliable and balances individual claims against the broader interests of society. In medicine, for example, capping damages alone won't solve the larger problems created by a culture of legal fear.
What is your strategy to effect change?
First, we need to change the way people think about law. We are working to increase public awareness and build a movement through:
Who funds Common Good?
We are a 501(c)(3) public charity and rely entirely on charitable contributions for support. Common Good is funded primarily by individuals and public and private foundations. Common Good is committed to taking no more than one third of its support from corporate sources.
How can I support Common Good?
Common Good is a 501(c)(3) that relies on public support. Contributions are always welcome. If you think restoring balance in American law is important, sign up to receive our bi-monthly e-newsletter and any special announcements. Tell your friends and colleagues about Common Good. Go to our Take Action page to learn more.
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