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Rational people would much prefer a court inclined to rule in their favour (to a limited extent this already happens; patent trolls and other litigants tend to be selective about where they sue). Similarly, zeal for and efficacy in protecting my property will be a far more important criteria than reputation for fairness when I decide which police/defence force to pay. If I thought my kids are threatened by someone, I'd be looking for law enforcers who didn't care about maintaining a reputation for upholding the principle of innocence unless proven guilty.

Inevitably the accuser and accused are going to disagree; the logical consequence is an impasse and no trial, unless the accused is incarcerated pending trial, in which case the accused is essentially coerced into accepting the terms of the accusers representatives, irrespective of their guilt.

If parties are being paid by one party desiring a particular outcome, it's foolish to expect that "fairness" is going to be their prime motivation. One quality ultralibertarian capitalists seem to share with communists is excessive optimism about human nature.

FWIW I don't think your post warranted the downvotes even though I disagree with it.




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