The History of Our Legal System

adjusterjack

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There was a time, long ago, when there were only 10 things that thou shalt not do.

That was fine for a few thousand years until a fellow named Hammurabi decided that 10 things weren't enough and came up with 282 laws that he codified based on decisions that he had made during his 42 year rule of Babylonia.

The intent was that everybody would know what their rights and obligations were.

Many of our modern laws have evolved from that body of law but, sad to say, some of Hammurabi's laws have not stood the test of time, but should have.

Examples:

A man caught committing robbery was put to death.

A man whose negligence caused damage to another was sold into slavery and the money from the sale was given to the damaged party in compensation.

A person who committed fraud was made to pay ten times the loss to his victim.

One that I especially like is that a judge who reaches an incorrect decision gets fined and permanently removed from his position.

Time marched on and it became common for the rulers of the lands to make the laws that would insure their continued sovereignty. This was accomplished by writing the laws in arcane language understood only by the writers. This, of course, necessitated being able to teach the laws to their successors and resulted in the development of law schools where the practitioners were taught to dance around the fire and chant the arcane language of the law.

To keep the understanding of the law to a select few the teachers of the law charged a very high entry fee which the practitioners subsequently had to recover by charging high fees to their clients who had no choice but to pay or be bereft of legal representation.

That explains the complexity and cost of today's modern legal system.
 
In the years since I created The History of Our Legal System I have had the opportunity to read law Professor James Duane's book "You Have the Right to Remain Innocent." In it he discusses the monumental proliferation of criminal statutes and quotes Supreme Court Justice Stephen Breyer who, in 1998, said:

"The complexity of modern federal criminal law, codified in several thousand sections of the United States Code and the virtually infinite variety of factual circumstances that might trigger an investigation into a possible violation of the law, make it difficult for anyone to know, in advance, just when a particular set of statements might later appear (to a prosecutor) to be relevant to some such investigation."

Professor Duane discusses this travesty at length and provides examples of how dangerous this could be to the unwary.

The book is a must read for anybody who thinks the criminal justice system has gotten out of hand, or for anybody who doesn't think the criminal justice system has gotten out of hand.

Amazon.com: You Have the Right to Remain Innocent (Audible Audio Edition): James Duane, James Duane, Brilliance Audio: Books
 
There was a time, long ago, when there were only 10 things that thou shalt not do.

That was fine for a few thousand years until a fellow named Hammurabi decided that 10 things weren't enough and came up with 282 laws that he codified based on decisions that he had made during his 42 year rule of Babylonia.

Five years after the fact, but it's worth noting that Hammurabi's code predated the Ten Commandments by anywhere between a century and a millennium.
 
It's called "literary license" Mr. Pedant.

;)

Besides, if we are getting picky, I didn't say anything about the Ten Commandments nor did I specify what those ten things were. You assumed that I was referring to the Ten Commandments. You know what assume does.

Besides, those rules were around long before Moses wrote them in stone and long before Hammurabi.
 
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