Monday, July 4, 2011

What I Got From my Internet Law School Education

There are 1.3 million lawyers in the USA. No more is needed, since this number exceeds the number needed by 500,000. When there are excessive lawyers, crime goes up, as the lawyer protects the criminal from citizen self help, the best remedy to crime. The tort lawyer deters not just defendants but entire segments of the economy. Without the lawyer, our growth would be 10% a year. There would be no economic crisis. The lawyer forced banks to lend to irresponsible minority members without ability to pay, just to consume and destroy property values. The family would still be thriving, and not on its last ropes.

So established professionals should forget becoming full time lawyers.

The modern law is based on supernatural core doctrines copied from the Catechism. In order to make modern students accept such supernatural concepts, indoctrination emthods are used in law school, rather than straight teaching methods. Lawyers are welcome to try to fit their law school experience to these methods of changing minds, and indoctrinatin fits best.

1) The basic "science of the law today is Scholasticism.  This is a philosophy mostly abandoned by even the Church. It sought to prove the existence of God by observation in nature.

2) One method of Scholasticism was the disputation to arrive at the answer to some important question. That was the likely origin of the adversarial system.

3) The core doctrines of the law were copied from the Catechism.To its credit the Medieval Church attributed these supernatural powers to God, in accordance with their faith. The lawyer believes that people are capable of these supernatural powers.

4) The lawyer  believes that minds can be read (intent for every element of a crime), that the future can be forecast (forseeability as the basis of duty).

5) No lawyer today understands the real meaning of the word, reasonable, the central and most important word in the law. One has to wonder why it is the central word, and not any alternative. This obliviousness would include Harvard Law grads with PhD in Medieval Legal History. The indoctrination has been that good.

Reason in Scholasticism is the ability to perceive God. It is the most reliable guide to making moral decision. Intellect is subject to being misled by the Seven Deadly Sins, resulting from the Fall from Eden. The most reliable guide to moral decisions is the New Testament, so St. Thomas Aquinas argued. The reasonable person must be fictional. If any juror bases a decision on a real person, no matter how high functioning, a mistrial will be called. The reasonable person must be fictional, in order to be "objective."What is not said is the the New Testament is the story of Jesus Christ. And the reasonable person is really a stand in for Jesus Christ.

So the adversarial system, the core doctrines, the extensive use of Latin, and the standards of conduct are all derived from the Medieval church methodology.  That makes them all violate the Establishment Clause, as much as any legal system based on Sharia might.

One could overlook this violation if the law were effective.

6) Every self-stated goal of every law law subject is in utter failure. Why? Because tgher eis noting from the 13th Century that is in any form acceptable as a practice in the modern world. This is explained by its extreme atavism, and use o Medieval doctrines.