Inconsistencies in Law
“By recognizing variation in the law, we are accepting the idea that no one rule can be thought of as ‘natural’. The law is seen as an imposed order, a response to political and social tradition and not something sent from heaven. The law can change; the law can vary from place to place. And in those changes and variations, the law, like any social product, reflects the persistent conflicts and contradictions within society.
There is a tension between our common desire that the law be uniform and certain and our wish that it somehow meet the needs of justice in the individual case. There are conflicting roles of judges, the decision-making elite in a democratic society. Should judges conform to popular sentiment? Should judges somehow watch for the welfare of those who come before them? Should they assist the ignorant, or just apply disinterestedly the machinery of the law?
There are differing concepts of duties to the parties of a lawsuit. Should they be forced to aid each other in some kind of higher service to the truth, or were the plaintiff and defendant independent gladiators, going at each other with no holds barred? What is the community’s stake in the just resolution of disputes? How much does the idea of a right require an individual to enforce it on his own?”
-Excerpt from "One L" by Scott Turow
There is a tension between our common desire that the law be uniform and certain and our wish that it somehow meet the needs of justice in the individual case. There are conflicting roles of judges, the decision-making elite in a democratic society. Should judges conform to popular sentiment? Should judges somehow watch for the welfare of those who come before them? Should they assist the ignorant, or just apply disinterestedly the machinery of the law?
There are differing concepts of duties to the parties of a lawsuit. Should they be forced to aid each other in some kind of higher service to the truth, or were the plaintiff and defendant independent gladiators, going at each other with no holds barred? What is the community’s stake in the just resolution of disputes? How much does the idea of a right require an individual to enforce it on his own?”
-Excerpt from "One L" by Scott Turow
The community's stake in the just resolution of disputes - I think it might be a sense of reflected safety. The idea that if you are ever wrongly accused, the very-just system will ensure that you have a high chance of getting off scot-free.
Posted by
Snowbeak |
1:44 pm
Very thought provoking....
Posted by
Anonymous |
6:53 pm
Thats a good book.
Posted by
Lehmunade |
5:52 pm
Oi, didnt you also call it a disturbing book?
Posted by
Snowbeak |
10:09 am
yeah, its a disturbing book though i think he exaggerates at times. but id recommend the book. really good.
Posted by
sushil |
3:50 pm
If you liked One L, I heartily recommend the 70's movie 'The Paper Chase' (and the book written by John Osborn). John Houseman won an Oscar for portraying the stiff HLS professor who revels in using the dreaded Socratic method on his hapless students.
Posted by
Anonymous |
1:35 pm
Are you a law student or a lawyer?? If not, am just curious as to what sparks your interest in this very germane and typical first year law school debate / theorising.
Posted by
Anonymous |
9:52 pm