Posted by
Virginia Daddy on Thursday, September 18, 2008 12:44:42 AM
Hello all.
Here are a few observations that I have encountered since beginning my legal studies and separating myself from the real world.
1) Liberal (most of them) pundits on TV are very annoying and are always louder and meaner than the conservative counterparts. Most liberals interupt immediately the others speaking while the conservatives, at least to start, allow the other to finish speaking. Sure, they can debate like anyone, but they are much more considerate.
2) What is happening to the government's involvement in bailing out companies? I know very little about the situations that have come up, but if companies get the idea that the government will bail them out, then we are socialist, no questions asked. No more quasi-socialism, we hit the real thing. Government bail outs will entail one thing: it will get a voice in how the company must conduct its business, even outside of enforcing regulations. This terrifies me.
3) It is often said that courts should not make law. This is only partly true. Courts should not infringe on the legislatures duty to make law, but courts everyday make law. The common law system is defined as judge made law. This is because courts rely on past decisions to define what law is, and the past decisions do not necessarilly come from a legislature. In many (even most) areas, legislatures did not get involved in settling disputes. They left these areas up to the courts. It could be argued that the legislature is invading the space of the courts by enacting so many statutes.
This observation does not change my mind of the role of courts-- which should always rely on tradition and be wary of changing the direction of the law simply based on the whims of a judge. And the expansion of statutes into our lives becomes all the more intimidating if you consider that the statutes do become law, and courts must go by what is stated. In other words, the courts power is more limited and constrained. One distinct benefit of the courts is their reliance on the past, and the reletive consistency this brings about. With statutes, unless very well written, often pose more questions than they solve.
4) While the law is subjective, it is also suprisingly consistent, at least it has been. This is an extension of my last thought, but the restraint most judges use is fantastic, and they really do strive not just for fairness, but for consistency. They are forced to weigh what seems fair with what the law has said, and do so pretty darn well. Not all judges get decisions right, but they act in good faith to avoid imposing their own bias and look to what the law means, and not what they want it to mean. (This observation is subject to change, but this is my first inclination.)
5) Is there a presidential election going on? I am not sure if I remember... Nah, Palin has certainly changed the dynamics of the cycle, I even saw a blurb that Hill has dropped out of some event because of Palin's presence there, too. Remember what I said about liberals being rude? They also seem more petty.
6) Has anyone scene the real Obama? Does he exist?
7) Lack of sleep can cause random moments of pointlessness.
8) Any good movies out there now? On Netflix I have the Paper Chase in queue next. This type of entertainment is exciting to me!
9) Sorry for not stopping by as often. I really do want to...
10) Is it 10:45 pm already?