Earlier quoted context omitted.
There's nothing unusual about private parties being able to assess penalties against other private parties. Your bank does it all the time. It does not make a mockery of the justice system. The justice system frequently does make a mockery of the justice system by assessing penalties, such as when someone is arrested, proves to have been someone other than the target, and then gets charged for the time they spent in…
> There's nothing unusual about private parties being able to assess penalties against other private parties Absent a contract, there is, and even with a contract there are limits. > Your bank does it all the time. Within a contractual relation and governed by the contract, sure. But that's not what you are talking about. > It does not make a mockery of the justice system. Outside of the bounds of contract, it would,…
> Loser pays for frivolous lawsuits only (but not all failed lawsuits) is also a thing, and is common in US jurisdictions, but requires a separate court determination
Requiring a separate court determination is a coincidence of the American system, not a logical necessity.