By Norman G. Axe Santa Monica
Regarding (David Pisarra’s) “Stability versus elasticity” column in the Daily Press (page 4, May 13), I disagree with your premise that everything should be controlled by the market place.
For example, as a member of the California Bar you are not permitted to charge an unconscionable fee. (See Calif. Rules of Professional Conduct, Rule 4-200.) Likewise the California courts will not enforce a premarital agreement that “was unconscionable when it was executed.” (Calif. Family Code 1615.) Also see California Civil Code 1670.5 regarding unconscionable contracts. Civil Code 770(a)(19) provides that “Inserting an unconscionable provision in the contract” is an unfair method of competition, etc.
The dictionary defines “unconscionable” as being unreasonably great or excessive. Black’s Law Dictionary defines “unconscionable conduct” as conduct that is monstrously harsh and shocking to the conscience.
Although we are not entitled to a job or house in Santa Monica, I submit that there are certain things the founding fathers expected when they provided in the Preamble of the U.S. Constitution that they were promoting the general welfare.
Thus we have laws providing for a minimum wage, for certain safety requirements, prohibiting child labor, etc.
As for the price of gasoline, anti-trust laws prohibit the oil companies from conspiring to fix the price of oil. I suggest that if it only costs, for example, $10 to produce and refine and transport the oil to the consumer, would not a reasonable argument be made that charging over 10 times that amount is unconscionable.
Originally published in the Santa Monica Daily Press print edition on May 17, 2008. Read the original PDF.