Reason, Not Passion: The Business Case for a Fair and Independent Court System
September 5, 2025
Long before I became a lawyer, I was a student of philosophy. My two worlds collided when I first encountered the words of Aristotle, “The law is reason, free from passion.” In other words, the law should be grounded in logic and objectivity. Judges should apply it impartially and in a manner that promotes consistency and predictability. Unfortunately, that ideal is not always realized.
Recently, the West Virginia Chamber of Commerce hosted its 89th Annual Meeting & Business Summit, where business leaders, educators, legal professionals and some of the brightest minds in the state gathered to network, share ideas and celebrate successes from the past year. One of the most anticipated sessions each year is CourtWatch, an examination of important court cases handed down by the West Virginia Supreme Court, the Intermediate Court of Appeals and more.
At first glance, one might reasonably ask: Why should the business community care about the functioning of the court system?
The answer is simple, yet profound: businesses thrive when there is fairness and justice in the systems that govern our communities. A fair legal and economic framework provides stability, predictability and consistency – the foundation for growth and innovation. When rules are applied equally and contracts are honored, businesses can plan with confidence, take risks and invest in the future without fear of corruption, favoritism or arbitrary decisions.
A fair legal system also builds trust. Customers, employees and investors are more willing to engage when they believe the system is transparent and equitable. A level playing field encourages healthy competition, attracts new investment and strengthens the entire community. In short, a just legal system is not just needed for the good of society—it’s an economic advantage, ensuring that businesses and the people they serve can prosper together.
West Virginia must continue to strive to have a fair, independent and timely judiciary system. To do this we must evaluate current laws surrounding familial and custodial issues; utilize transparency measures to ensure judicial oversight to ensure accountability within the court system; reform laws related to contributions to judicial races; pass fair mediation legislation that stipulates mediation should be conducted by someone other than the presiding trial judge; repeal the collateral source rule to address “double-dipping” by allowing juries to have information on damages that have already been paid by other sources and enact phantom damages reform to prevent plaintiffs from receiving a “windfall” by being awarded damages for the full “sticker price” of medical services incurred, rather than the discounted rate that was actually paid by the health insurer.
This list is not exhaustive, but it offers a meaningful starting point toward building the kind of legal system our state needs and deserves.
It is my hope that others are guided by Aristotle’s enduring insight -that “the law is reason, free from passion”- and recognize that the legal system is not just a tool for attorneys or judges. but a foundational institution that directly impacts economic growth, business confidence and the overall health of our state.
By Kaitlyn Pytlak-Morra, West Virginia Chamber of Commerce