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Friday, September 2, 2011

Ace ...

... makes some good points:

Where possible -- and it usually is possible -- laws should be simple enough to satisfy the first requirement of written laws -- that the citizens subject to them should be able to understand them and predict the legality of an action. Maybe you need to consult a lawyer to understand it -- but you shouldn't have to "consult" a judge, at trial, because your lawyer can only tell you "It's really up to the judge."

That's not a law. That's the opposite of law-- an ad hoc right of a prosecutor or judge to surprise citizens with their own idiosyncratic, personal "law" for the day.

I'm not sure our current politicos have heard of that 'first requirement of written laws'; else why would we need lawyers?

pm


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