10.14.2009

A moment of seriousness, here: Rule of Law Edition

I rarely make much of the law, lawyering, or the manner in which I attempt to make a living. However, sometimes, those moments strike me, and now is such a moment. Let me tell you what I'm thinking, and why.


Not as lame as you think...

The rule of law begins with those passionate enough to believe in its ideals. Those ideals are simple: That everyone -no matter their station, status, wealth, race, age, sex, ethnicity, or origin- deserves to have the merits of their dispute viewed with the impartial eye of principles that never yield. That is the nature of justice: All come before the  law and lay the truth before the principled intelligence and accumulated wisdom of those who have come before. These are not lessons learned in a decade, or lifetime.

These ideas arrive to us --in the West, at least-- from Thales, who --in 620 BCE, in the present-day Turkish coast of Miletus- had an idea...that there are no Gods and no Masters beyond that which we call Reason. They arrive to us from the Code of Hammurabi, the Babylonian who, in 1790 BCE, decided that all persons, no matter how mean their station, had the right to know what actions were acceptable, and which were proscribed. They arrive to us from the Twelve Tables of the Romans; that exquisite system of law which sets forth general precepts, then adds interpretations of maxims we now take for granted.

 
Actually, a thing of beauty...

What is it we take for granted? How about the right to travel freely, and safely, through lands we may not even lay claim to...the modern roadway and easement ring true "A property owner must a build a road if there is a right-of-way; if they become dilapidated, passersby can drive their beasts where ever they want." How about the concept of notice, that is, a person must know why they are being hauled into court? "When parties have made an agreement, announce it. If they don't agree, they shall state their case in the Forum before noon. They shall plead together in person. After noon, let the judge pronounce. If both are present, the case shall end at sunset." What about the law as a peaceful means to settling injuries which do not rise to crimes? "If one has maimed another and does not buy his peace, let there be retaliation in kind."

These principles come to us from jurists; those who preside over the law courts and resolve disputes without the shedding of blood. Men who are so principled that it puts you and I, indeed most counselors, to shame. Jurists like Cicero who rightly stated, "According to the law of nature it is only fair that no one should become richer through damages and injuries suffered by another." This is the foundation for modern tort law. What about this one? "Knowledge which is divorced from justice, may be called cunning rather than wisdom." or "Justice consists in doing no injury to men; decency in giving them no offense." These latter quotes are the foundation of modern equity, and are embodied in the Justinian Code: Primum non nocere...First, do no harm.

 
Not too shabby a concept of justice for an imperator.

They come to us, in an expanded --and expansive-- version, from the Magna Carta which, in Clause 38, ended the uncertainty of the criminal process, and apprised citizens of the fact that it required more than someone's say to be arrested. And they come to us in Clause 40, which requires speedy justice without delay and without the selling of justice. Do any of those sound familiar? They should...they are the 6th Amendment to the Constitution. They come to us from the Icelandic Althing...the first truly national system of Parliament established in 1281 to establish laws, then --incorporating Babylonian and Roman law-- required a reading of them to the citizens. 

These principles come to us from the Enlightenment, and its documents and founders: Those brave souls who, like Thales before them, declared that Providence is not the way, but merely one way...The Declaration of Independence, the Constitution, Common Sense, Thomas Paine, Renee Rousseau, Thomas Jefferson, James Madison...


These reasons, and many many more, are why I love the law, but they all really boil down to one simple sentence: I love the law, and live the law, so that free people, with free minds, can live free lives.

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