Sunday, December 28, 2014

Rule of Law or Man of Straw? The Lawyers would steal it ALL!

I am always awed by the reverence people have for the Lawyer Gibberish called Law in the English Speaking World. It is odd that they should think that these oddly phrased words and not those that wrote and enforce them rule over the Affairs of State -- it is second only to the odd liberal belief that the Congo is equal to Connecticut.

Especially when the Courts over turn the people's will at whim and Lawyers fill our Legislatures, and do anything but rule according to the 'law' merely ignoring it OR rewriting it at whim! I seems to me that WHO rules upon WHAT principles is just as important as HOW they rule. Just pointing that out, I am not the first person to be so awed;nor to comment upon the oddity of this condition.

 I present excerpts from Jonathan Swift ...

 I said there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are as slaves.
Jonathan Swift - [Law and Lawyers]

Yes yes indeed there is, is there not? .


It is a maxim among these lawyers, that whatever hath been done before, may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
Jonathan Swift - [Precedents]

I too have seen this happen, have not you?



Now for the Longer Passagem for those that want context:

Source: Famous Quotes by Jonathan Swift
Address : http://www.famous-quotes.com/author.php?page=1&total=75&aid=7096

A Lawyer is a Cow Theif with Legal Sanction!

I said, "there was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are slaves. For example, if my neighbour has a mind to my cow, he has a lawyer to prove that he ought to have my cow from me. I must then hire another to defend my right, it being against all rules of law that any man should be allowed to speak for himself. Now, in this case, I, who am the right owner, lie under two great disadvantages: first, my lawyer, being practised almost from his cradle in defending falsehood, is quite out of his element when he would be an advocate for justice, which is an unnatural office he always attempts with great awkwardness, if not with ill-will. The second disadvantage is, that my lawyer must proceed with great caution, or else he will be reprimanded by the judges, and abhorred by his brethren, as one that would lessen the practice of the law. And therefore I have but two methods to preserve my cow. The first is, to gain over my adversary's lawyer with a double fee, who will then betray his client by insinuating that he hath justice on his side. The second way is for my lawyer to make my cause appear as unjust as he can, by allowing the cow to belong to my adversary: and this, if it be skilfully done, will certainly bespeak the favour of the bench. Now your honour is to know, that these judges are persons appointed to decide all controversies of property, as well as for the trial of criminals, and picked out from the most dexterous lawyers, who are grown old or lazy; and having been biassed all their lives against truth and equity, lie under such a fatal necessity of favouring fraud, perjury, and oppression, that I have known some of them refuse a large bribe from the side where justice lay, rather than injure the faculty, by doing any thing unbecoming their nature or their office.
"It is a maxim among these lawyers that whatever has been done before, may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice, and the general reason of mankind. These, under the name of precedents, they produce as authorities to justify the most iniquitous opinions; and the judges never fail of directing accordingly.
"In pleading, they studiously avoid entering into the merits of the cause; but are loud, violent, and tedious, in dwelling upon all circumstances which are not to the purpose. For instance, in the case already mentioned; they never desire to know what claim or title my adversary has to my cow; but whether the said cow were red or black; her horns long or short; whether the field I graze her in be round or square; whether she was milked at home or abroad; what diseases she is subject to, and the like; after which they consult precedents, adjourn the cause from time to time, and in ten, twenty, or thirty years, come to an issue.
Source: 4-5 - Gulliver's Travels - Jonathan Swift
Address : http://classiclit.about.com/library/bl-etexts/jswift/bl-jswift-gull-4-5.htm

Nothing is New Under the Sun ... It is because you believe their lies that you are their slaves. It is because you accept your status that it remains as it is! And for no other reason. Justice Not Legalism, is the end of the art of Law.  Law is the Giving to each Man his right and proper due ... Nothing Else.

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