Yes, I'm trying to say it's a false dichotomy. There are plenty of other ways you could organise a justice system, many of which would lead to more just results.
For example - a fixed price system. 8 hours wages from the two parties to the dispute buys 30 minutes with one judge and two lawyers. More than enough time to deal with a minor matter like a scratched car. Or if you prefer a continental-style inquisitorial system, you can lose the lawyers and have 90 minutes with a judge. The fees mean judges and lawyers take home 5x the average salary.
Yes, I'm trying to say it's a false dichotomy. There are plenty of other ways you could organise a justice system, many of which would lead to more just results.
For example - a fixed price system. 8 hours wages from the two parties to the dispute buys 30 minutes with one judge and two lawyers. More than enough time to deal with a minor matter like a scratched car. Or if you prefer a continental-style inquisitorial system, you can lose the lawyers and have 90 minutes with a judge. The fees mean judges and lawyers take home 5x the average salary.