Capitalism's Fatal Flaw, and the Way Forward: The -- Vanishing – Right of Citizens to Their “Day in [Civil] Court”.

Thursday, February 01, 2024

The -- Vanishing – Right of Citizens to Their “Day in [Civil] Court”.

The -- Vanishing – Right of Citizens to Their “Day in [Civil] Court”.

Dear Reader,

«Aufheben»-conservation, at the human-social scale/level, is conservation-with-improvement.

I hold that civil court access rights should be both re-affirmed and restored, as well as further advanced, within the ‘constitutionalized statutes’ of the proposed ‘Equitist Amendatory Annex’ to the United States Constitution.*

Every U.S. Citizen – as well as citizens of other sovereign nation-states, as these are universal human rights that we are addressing here – should have an explicit human, constitutional right to their “day in civil court”, to sue to be compensated for damages inflicted upon them by governmental organizations, or by non-governmental organizations.

Where legal representation is unaffordable given the income of a Citizen plaintiff, the U.S. Federal Government should subsidize reasonable attorneys’ fees and court costs to a degree that renders that legal representation affordable for that plaintiff.

However, the losing party in the resulting court cases should be liable to pay, or re-pay, the costs of that civil litigation -- on extended payment terms, if the losing party is the Citizen-plaintiff, but as a personal liability of that Citizen.

Likewise, for that Citizen, if their lawsuit is dismissed before trail.

These provisions will discourage frivolous law suits, and also further penalize the defendant governmental or non-governmental organization, if they are the losing party.

No Citizen should be coerced into substituting “arbitration” or other “alternatives” to civil court litigation -- meaning in the form of trial by jury.

The forced substitution of “arbitration”, more and more demanded by corporations of their customer, etc., victims, today, is denying justice to more and more Citizens with every passing year.

Congress should be constitutionally prohibited from passing legislation shielding any entity with U.S. presence from Citizen civil lawsuits.

Today, the increasingly frequent such shielding of corporations from civil liability – such as those manufacturing “vaccines” – is enabling said corporations to, quite literally, “get away with [mass-]murder”.

No entity, whether an individual Citizen, a non-governmental organization, or a governmental organization, should be enabled to inflict tortious harms on one or more Citizens with impunity, e.g., by denying that Citizen, or those Citizens -- e.g., as a class -- access to Civil Court for the purposes of preventing, restraining, or redressing such harms.

*[This post pertains to proposed revisions of the draft ‘constitutional statutes’ documented in Karl Seldon’s Marx’s Missing Blueprints, Edition 1, F.E.D. Press, 2023, [Draft] Equitist AMENDATORY ANNEX to the Constitution of the United States of America.].

For more information regarding these Seldonian insights, please see --

www.dialectics.info

For partially pictographical, ‘poster-ized’ visualizations of many of these Seldonian insights -- specimens of ‘dialectical art’ – as well as dialectically-illustrated books published by the F.E.D. Press, see –