Whatever Happened to Justice Ch 17

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Questions and Answers

What was the primary purpose of common law as described?

To reflect Natural Law through discovery (correct)

To legislate based on popular opinion

To create new laws from scratch

To simplify legal procedures

How is common law compared to sciences like physics and chemistry?

Both require human creativity and imagination

Both are simplistic and easily understood

Both evolve through the discovery process (correct)

Both consist of fixed principles that cannot change

According to the content, what do parents seek when establishing rules?

What is right and how to apply it (correct)

What is already in place and needs to be adapted

What laws must be created to ensure fairness

What should be done to enforce rules

What insight did economists like Ludwig von Mises and F.A. Hayek gain regarding law?

There is a connection between law and economic calculation Signup and view all the answers

What metaphor is used to describe the understanding of economic law by economists?

Newton's realization about gravity after seeing an apple fall Signup and view all the answers

What contrast is made between common law and political law?

Common law is based on discovery; political law is based on enactment Signup and view all the answers

What does the proverb 'The more laws, the less justice' imply?

Having many laws complicates justice Signup and view all the answers

In the context of the content, how is common law seen as helpful for modern parenting?

It helps parents avoid making mistakes in rule-setting Signup and view all the answers

What is indicated as a significant problem caused by the frequency of new laws being enacted?

Money flows become unpredictable for employers. Signup and view all the answers

Which example illustrates the absurdity of certain political laws?

Stating that tomatoes cannot be added to clam chowder. Signup and view all the answers

What observation did James Madison make regarding the nature of the laws created by lawmakers?

They may become unwieldy and difficult to understand. Signup and view all the answers

What did Patrick Henry warn about in relation to the Federal Government?

It could lead to excessive human legislation. Signup and view all the answers

What term describes the type of law that is described as 'arbitrary and primitive'?

Political Law Signup and view all the answers

How did the text suggest society's relationship with law has changed over time?

There are now more law students than engineering students. Signup and view all the answers

What suggestion was made by Ron Paul regarding lawmakers and new legislation?

They should read and understand all proposed laws before voting. Signup and view all the answers

Study Notes

Discovery vs. Enactment: Key Differences

Common Law (Discovery): Common law is a process of discovering principles, not creating them. Courts existed before laws were codified. Judges sought to discover and apply Natural Law, analogous to scientists who find and refine physical and chemical formulas. The common law system evolved gradually, case by case, and over many centuries.
Political Law (Enactment): Political laws are enacted by legislators, reacting to political pressures. Unlike discovering principles, political lawmaking creates arbitrary laws. Truths change, as rights and wrongs shift dependent on political pressures and the legislators' aims. There's no attempt to discover Natural Law.

Common Law Characteristics

Evolutionary: Common law developed gradually over time, meticulously refined through court precedents.
Natural Law-based: Judges aimed to reflect inherent natural laws; the idea that there are higher principles independent of human laws.
Problem-solving: The courts attempted to resolve disputes fairly rather than create new rules.

Political Law Characteristics

Arbitrary: Political laws are often based on temporary political pressures rather than underlying principles. Laws can change frequently and change based on political aims.
Man-made: Political law is seen as the product of humans' will, not an existing, discoverable, fundamental principle.
Lacks permanence: Legal truths under political law lack permanence. Something considered right today may be wrong tomorrow.

Volume and Complexity of Political Law

Excessive Legislation: The US produces a vast quantity of laws, rules, and regulations annually (over 100,000).
Unmanageable Volume: The sheer volume of laws makes it difficult to comprehend and implement; this leads to confusion and poor outcomes.
Regulatory Explosion: State legislatures alone created nearly two million new laws (and the regulations they spawned) between 1976 and 1986 alone.
Lack of Understanding: Lawmakers frequently fail to understand or adequately study the laws they create.
Inability to Read and Understand: Laws are often so complex and numerous that even those who make them struggle to understand every detail.

Critical Assessments of Political Law

Arbitrary and Primitive: Political law is considered an outdated way of establishing rules, akin to earlier eras of primitive human societies and tools.
Harmful to the Economy: Frequent changes to legislation create market instability, making accurate business planning near-impossible.
Example of Absurdity: Numerous absurd and outdated laws have been enacted, demonstrating a fundamental disconnect between the law and reality.
Loss of Trust in the System: Laws are seen by many as a "running joke" due to their frequent, illogical changes. This erodes public trust in the legal system.

Historical Views on Law

Madison's Concern: James Madison stressed the dangers of complex and incomprehensible laws.
Patrick Henry's Warning: Patrick Henry warned that unchecked legislation could transform law makers into arbitrary deities.
Samuel Adams's Opposition: Samuel Adams argued against British legislative encroachment upon colonial rights.

Relationship between Law and Society

Litigation Explosion: Society has shifted towards excessive litigation, with more individuals participating and seeking remedies in legal avenues.
Impact on Creativity and Innovation: The massive amount of legislation stifles innovation and creates an environment overly focused on litigation.

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Description

Explore the fundamental differences between common law and political law in this quiz. Understand how common law seeks to discover innate principles, whereas political law is influenced by legislative actions and political pressures. Test your knowledge on the characteristics and implications of both legal systems.