Wednesday, November 13, 2019

Excessive Laws and the Self-Interest of Lawmakers, Lawyers, and Judges

Excessive Laws and the Self-Interest of Lawmakers, Lawyers, and Judges The basis of a civilized society is law. The law allows for standardized treatment of men, the law allows people to plan their futures, the law gives people assurance that wills, contracts, and trusts will be enforced, that certain behavior will be allowed while other behavior (crimes and torts) will be punished, etc. Five important characteristics of "the law" in a civilized society follow: 1) The law must be of manageable size so the average man can learn the law without a lifetime of study. 2) The law must be simple enough for the average man to grasp and understand. 3) The law must be stable so men can, once they learn the law, live their lives with great assurance that they know the law and are not violating the law. 4) The law must be internally consistent so a man who follows one law does not find himself violating some other law. And last, but not least, 5) "man made" law must harmonize with the unchanging law of God. Each of these principles needs to studied in light of America's current legal structure: Manageable size: The typical public or academic law library contains over 100 million pages (in excess of 100,000 volumes) of statutes, regulations, reported legal decisions, commentaries, cross indexes, law dictionaries, legal encyclopedias, law review articles, etc. However, most law libraries have found all these pages inadequate. In the last ten years they have added "on line" access to great legal web sites run by Lexis and West Legal Publishing. These web sites allow law students and lawyers to do quick searches of all published material related to a given topic. These web sites are expensive but if the right legal key words are entered the results are very useful. Twenty to one hundred pages of information is displayed on the screen. In an hour or two any journeyman lawyer will know all that is worth knowing about some narrow area of the law. Of course, total or complete knowledge is beyond human reach. No one not even the most dedicated legal scholar can claim to kn ow "all the law". In fact America's situation recalls ancient Rome, just before its fall, when the laws began to multiply. A sage of the late Roman Empire remarked "A corrupt society has many laws". Simplicity: As the preceding description makes clear, ma... ... in their lives and that He is unrelated to the central activity of their daily routine? It is obvious that each such step is simply another step on a slippery slope away from God. So why do lawmakers, lawyers, and judges violate these five obvious rules. The only answer that makes any sense is self interest. Lawmakers want to be re-elected so they pass laws which pander to man's baser instincts and give special advantage to large contributors. Judges at the appellate level (and bureaucrats in the executive branch of government) are lured by the evil urge to become "little gods". They put God's Laws aside and set off on their own to re-define right and wrong. Judges at the trial court level become friendly with the lawyers that appear before them so they act in ways which increase the power and/or wealth of these lawyers. Lawyers themselves are in need of income to support their families in an aristocratic fashion, so they encourage judges and lawmakers to increase the complexity of courtroom procedures and/or law in general so more "lawyer's work" is created. Simple laws and simple court room procedures are not the stuff upon which grand le gal fees are built.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.