- Capitalism and Alternatives -

legal institutions 101

Posted by: Manuel on September 20, 1999 at 02:48:35:

In Reply to: That is why we need a government of laws, not of men. posted by David on September 17, 1999 at 00:13:18:

: : You can make rules like the bill or rights which would proclude this kind of scam, except it was quickly eroded by 'interpretation' and is now largely ignored.

: That is why we need a government of laws, not of men. If the laws are objective and not open to interpretation, than you cannot have the numerous loopholes in the legal system as there are now.

Such disrespect for the law! The process of interpretation is necessary for any legal system. One simply cannot enact laws that cover all factual situations. You cannot have 'objective'laws.

If the process of legal interpretation has fallen short of your ideals, well that is no surpriuse, as interpretation is often a political question more so than a legal one, involving the exercise of questions of value (draw the distinction here between the 'black letter' lawyers and the liberal lawyers).

On top of this there is also the suituation where governments choose who they want to sit on appeal courts, effectively pushing the balance of legal opinion in the court their way (or so they hope).

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