tag:blogger.com,1999:blog-8850603983054725982.post1800692775028401592..comments2023-07-22T13:45:37.402+02:00Comments on For Voet's Sake!: Is bad legislation better than no legislation?David Watsonhttp://www.blogger.com/profile/15839809204862401456noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-8850603983054725982.post-29086549895019886922012-01-03T15:20:07.850+02:002012-01-03T15:20:07.850+02:00I personally am a fan of the instrumental view on ...I personally am a fan of the instrumental view on freedom of expression - Basically i think expression should almost be allowed, but it should be 'punished' when it serves no good purpose.<br /><a href="http://www.cheapflightstoharare.org.uk/" rel="nofollow">Harare Flights</a><br /><a href="http://www.cheapflightstojohannesburg.org.uk/" rel="nofollow">Flights to Johannesburg</a><br /><a href="http://www.ticketstomanila.co.uk/" rel="nofollow">Manila Flights</a><br /><a href="http://www.cheapflightstoperth.org.uk/" rel="nofollow">Flights to Perth</a><br /><a href="http://www.cheapflightstoperth.org.uk/" rel="nofollow">Perth Flights</a><br /><a href="http://www.cheapflightstoperth.org.uk/" rel="nofollow">Flights to Perth Australia</a><br /><a href="http://www.cheapflightstoperth.org.uk/" rel="nofollow">Perth Flights</a><br /><a href="http://www.cheapflightstoperth.org.uk/" rel="nofollow">Cheap Flight to Perth</a><br /><a href="http://www.melbourneflights.co/" rel="nofollow">Cheap Flights to Melbourne</a><br /><a href="http://www.melbourneflights.co/" rel="nofollow">Flights to Melbourne</a>Anonymoushttps://www.blogger.com/profile/07497843407765260976noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-50389242048788175872010-03-15T12:46:56.221+02:002010-03-15T12:46:56.221+02:00A quote from an interesting paper called "Tow...A quote from an interesting paper called "Towards a new legal realism": <br /><br />The endowment effect causes a bias in favor of the status quo. This attachment to the status quo is reinforced by a bias in favor of inaction: people are willing to tolerate higher losses from failing to act in order to avoid the sense of responsibility when losses arise from their own affirmative acts (p 168). Thus, they may be more willing to accept a contractual term when it is found in a form contract or when it is the legal default than when they are negotiating on a blank slate (p 116). Accepting a default or boilerplate term is an inaction that would lead to fewer regrets if the deal later goes sour than would be experienced if the same contract term emerged from active negotiation.David Watsonhttps://www.blogger.com/profile/15839809204862401456noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-7131656046809841722010-03-12T16:29:54.227+02:002010-03-12T16:29:54.227+02:00Stay posted for my PhD David.Stay posted for my PhD David.Elizabeth de Stadlerhttps://www.blogger.com/profile/04321876652398564858noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-38217510275638332982010-03-12T10:29:43.274+02:002010-03-12T10:29:43.274+02:00@Elizabeth - give us the answer!@Elizabeth - give us the answer!David Watsonhttps://www.blogger.com/profile/15839809204862401456noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-69107269652276384402010-03-12T08:49:56.264+02:002010-03-12T08:49:56.264+02:00@ Dave: No, I think we are on the same page. To ...@ Dave: No, I think we are on the same page. To my mind the question which I posed at the end of the blog actually asks whether (particularly now in the contractual context - the CPA is much wider than that) consumers are better served by an ambiguous piece of legislation or by residual rules (such as implied warranties)which do not have any significant extra-judicial effect.<br /><br />@Henri: Apparently he drafted something once about aboriginal title. WTF?Elizabeth de Stadlerhttps://www.blogger.com/profile/04321876652398564858noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-34526105775874040022010-03-11T16:45:08.750+02:002010-03-11T16:45:08.750+02:00Mmmm......I wonder then why the drafter [if he'...Mmmm......I wonder then why the drafter [if he's so good / knowledgable ] is not drafting legislation for the Canadians?<br />Or is he lending a hand to us poor [South] Africans?.Henrinoreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-3852363524905249232010-03-11T14:52:08.159+02:002010-03-11T14:52:08.159+02:00@Elizabeth - I think you're missing my point. ...@Elizabeth - I think you're missing my point. I was just keen to highlight how often when government acts with noble intentions it creates chaos and harm disproportionate to its aims. I am not sure whether the CPA is/is going to do this but I think the comments you make here indicate that this damage exists.<br /><br />As a small point to illustrate this - if the Act remains as ambiguous as this it allows the DTI to say 'we have consumer protection legislation'. But because the Act is ambiguous noone can say with certainty what their rights and remedies are. So consumers are deterred from ever protecting their rights and government can claim it has satisfied its obligations to citizens.David Watsonhttps://www.blogger.com/profile/15839809204862401456noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-6475482978169994662010-03-11T14:24:56.605+02:002010-03-11T14:24:56.605+02:00@ Dave: Hmmmm, sure I get it. Paternalism is dange...@ Dave: Hmmmm, sure I get it. Paternalism is dangerous if the father in question is perhaps a drunk, abusive moron?<br /><br />@ Henri: Lol. The drafter of the legislation does hail from Canada (ironically, last time I checked, the only first world country which does not have consumer protection laws). It is based on an old (as in outdated) piece of UK legislation. I believe one of my Stellenbosch friends is thinking about writing an article on the damage inflicted on South African law by Phil Knight. Say no more.Elizabeth de Stadlerhttps://www.blogger.com/profile/04321876652398564858noreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-87536368535946815992010-03-11T13:47:35.299+02:002010-03-11T13:47:35.299+02:00I don't think we should start referring to the...I don't think we should start referring to these pieces of legislation as 'exotic' plants. Exotic implies something potentially idyllic and sought after. That suggestion might unleash the Elizabeth-'the-Consumer-Protector'-de-Stadler-wrestler-fury. Let's stick with 'intruder' for now.Cherinoreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-56874462078860069412010-03-11T12:08:50.216+02:002010-03-11T12:08:50.216+02:00Is it again a copy from some Canadian legislation...Is it again a copy from some Canadian legislation, like the National Credit Act, 2005 - which nobody understands and is totally incomprehensible?<br />I get the idea the new Companies Act possibly also hails from there?<br />Like exotic/intruder plants.<br />HenriHenrinoreply@blogger.comtag:blogger.com,1999:blog-8850603983054725982.post-74152031518142889552010-03-10T16:36:22.610+02:002010-03-10T16:36:22.610+02:00Elizabeth - in another thread you say "Now th...Elizabeth - in another thread you say "Now that I have gotten today's little rant off my chest (and once I finish this week's round of CLH tut hell) I will write it. You Libertarians are going to go down in flames." I find this interesting because in this very post you highlight the massive problems with government interfering with private relations. Just a comment. Although I do support consumer protect laws I think libertarianism reminds us of some important truths :DDavid Watsonhttps://www.blogger.com/profile/15839809204862401456noreply@blogger.com