> False dichotomy?

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.

If you pay close attention, many of the replies are concerned more about exacting punishment than moving toward justice.