> Can someone please explain to me (as a non-american) why the losing party does not have to pay legal fees?
The losing party doesn't automatically have to pay legal fees (but may be ordered to in certain cases) because, the theory is, that there is a space where a party is clearly wrong to even litigate, and a space where a party, even if they are legally in the wrong, is not so clearly wrong so that it is wrong for them to litigate to determine their rights, and that justice is best served when potential litigants with a reasonable case are not discouraged from litigating to determine their rights.
> The fact you can "shake down" someone through suing them in the US is appalling and I am sure there is a good reason for it
The alternative to that is to increase the ability of a wealthier party to commit a wrong and leverage the irreducible uncertainty of a human justice system to intimidate a less-wealthy party to accept the outcome and not litigate, because of they are unsuccessful they will have a guaranteed high additional cost on top of the sunk cost of the harm done.
The losing party doesn't automatically have to pay legal fees (but may be ordered to in certain cases) because, the theory is, that there is a space where a party is clearly wrong to even litigate, and a space where a party, even if they are legally in the wrong, is not so clearly wrong so that it is wrong for them to litigate to determine their rights, and that justice is best served when potential litigants with a reasonable case are not discouraged from litigating to determine their rights.
> The fact you can "shake down" someone through suing them in the US is appalling and I am sure there is a good reason for it
The alternative to that is to increase the ability of a wealthier party to commit a wrong and leverage the irreducible uncertainty of a human justice system to intimidate a less-wealthy party to accept the outcome and not litigate, because of they are unsuccessful they will have a guaranteed high additional cost on top of the sunk cost of the harm done.