Law in USA, fyi, (hey texas!)

by one 9 Replies latest jw friends

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  one

  http://www.nolo.com/texas/Professor.html

  "De Tocqueville described this elite strain of thought quite well in Democracy in America, where he characterized American law as an "occult science" that only those trained in the priesthood could understand.

  De Tocqueville contrasted obscure American law with the law of France, where codification made law accessible to everyone.

  On the other hand, Jefferson and Andrew Jackson are good examples of important American figures who thought that law should be accessible to ordinary persons, without need for priest-like interpreters of the occult."
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  Amazing

  In American Legal theory, the law is accessable to everyone, because you can be convicted under the doctrine that ignorance of the Law is NO excuse ... in otherwords, the Law is both accessable, and based on common sense. Violence, theft, drug abuse, and anti-social sexual conduct are easy to figure out ... as to what will get you a ticket to the Gray-Bar Hotel ... or spelling the word Defendant ...

  American Law is well codified, such that is it accessable to all and has been since the founding of our nation. The reason for the "elite priests" to interpret it is to either resolve disputes at law ... (not even the darling French can invent perfect laws, or they would have no need for Courts) ... second, because the law is so vast, that it takes an expert at law to find all the complex applications ... third, to assure competancy. I want a person licensed to practice law so as to provide the best possible expertise, and make such an 'expert' more accountable.

  I fail to see anything the French or any other nation has done that is necessarily so "improved" that the average person has no need ever for a good lawyer, an unbiased Judge, or an honorable Court.

  Edited by - Amazing on 5 July 2002 18:51:43
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  Bendrr

  I couldn't agree more. Government schools have dumbed down "the masses" to the point that they can only understand the simplest laws and have made them gullible enough to believe whatever anyone tells them is "the law".

  Mike.
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  Bendrr

  Amazing, that's how the legal system is supposed to work.

  Unfortunately, it's become a bloated monster that feeds an incredible amount of money to attorneys and constantly encroaches on our freedom.

  I love my country but not what her legal system has become.

  Mike.
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  Francois

  I defy anyone who claims to understand the Internal Revenue Code to explain it to me in plain English.

  When Oglethorpe established the state of Georgia, attorneys were specifically excluded. They were also outlawed in the Republic of Texas, if I remember correctly.

  The ancient Athenians had it right: anyone could get up on a wagon seat at the town meeting on saturday in the public square and propose a new law. If the law was agreed to by the citizens in a vote on the spot, all was fine. If the law was rejected, the person proposing it was executed - also on the spot. We should establish such a tradition in this country. Perhaps then Daschle and Gephart would shut up.

  Francois
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  one

  Amazing,

  I just made a quotation to originate the topic and I dont have time to elaorate righ now...

  But here is a silly analogy: I don't think an ORDINARY citizen needs to call an engineer to be able to USE her vcr or cd player.

  I am surprised we dont need a lawyer to open a bank account or apply for a drivers license, or do we?

  Now within the context of the purpose for this forum,

  (WT and France) Just about one of the very few countries "legallyl" questioning WT activites.

  Finally and relative to other sectors, USA justice system is too far from being as "friendly usable" as it can be. It many cases it defeats its purpose, at the very least it makes it very difficult.

  It is a vicious cycle lawyers are in charge everywhere, they make the rules. Does it sound familiar to a WT dilemma?

  "American Law is well codified"

  Yes, including lots of jargon, illogic logic (unneccesary) and so on... x law will apply IF, OR, AND, THEN... many get shafted.
• 

  SpiderMonkey

  If the law was rejected, the person proposing it was executed - also on the spot. We should establish such a tradition in this country. Perhaps then Daschle and Gephart would shut up.

  Not to mention everyone else in Congress; I'm all for it! At the very least, they'd all stop trying to attach ridiculous, irrelevant riders to bills that they have nothing to do with.

  Reminds me of the scene in "Mars Attacks" when the Martians killed every single Congressperson... An old lady shrieks something like, "They killed Congress!!!" Meanwhile, her husband is laughing his butt off
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  DakotaRed

  I defy anyone who claims to understand the Internal Revenue Code to explain it to me in plain English.

  Francois, that is an easy one to explain, even to a layman like me. In plain simple down to earth American English, it means, If you earn a living, we are going to take as much as we can away from you.

  Lew W
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  mustang

  De Tocqueville??? Surely you jest? He died in 1859!!! That book on "American Law" was written between 1835-1839.

  This is a minimum of 140 behind our times!!! The laws have evolved since then, both here and in France. US Laws are just as codified and quite available.

  In California, there is a state law that requires ANY Public Law Library to be made available to ANYONE. There have been efforts in the past to deny access, but that has been changed; although you may have to pay some nominal fee, the books are available.

  De Tocqueville also spoke out of bias. There is nothing superior about French Law. French Law was evolving into a problem while De Tocqueville was writing that very book and later got worse. In fact, it denies many of the rights that we have attained in the US.

  In my dealings overseas, I was advised to seek offices and operate from ANY location with British Law as opposed to Napoleanic Codes or French Law: deal only under French Law if it could not be avoided. Napoleanic Codes ARE WRITTEN FOR THE CONVENIENCE OF THE GOVERNMENT.

  For instance, Napoleanic Codes use the principle of "guilty until proven innocent" as opposed to British/American Law as we know it. You can go to jail IMMEDIATELY AND STAY THERE until the Magistrate gets back from his 6 months vacation under their terms. Bail??? Whats that? Consequently, most places with those Codes have highly developed undergrounds. That includes the local gendarmerie.

  What is being referred to here, is the fact that Napoleanic Codes were shortened and stuffed into ONE VOLUME, for convenience. The Codes were actually more onerous than their opposite numbers, as YOUR rights were ABRIDGED to aid in the simplicity of the Codes. The Codes may have been reduced from thousands of pages to a mere hundred, but rights were reduced as well.

  It is a DIS-service, not a SERVICE, to understate a complex matter.

  On the other hand, Texas will get slapped by the "Fed" for this one.

  That will go to Federal court, in short order. They do try that sort of thing, from time to time. The books will get through, and "grass roots" education will rise.

  And of course, Shakespeare advised that a good start would be made by killing ALL lawyers!!!

  Mustang
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  Navigator

  Not every state in the U.S. has law based on the British system. Law in Louisiana is based on the Napoleonic Code. Could that be why Louisiana is one of the more corrupt states in the union? It certainly the reason that I now live in Texas.