Adversarial System is a good way to find the truth. It originated in the Disputation Method of Scholasticism. It was cool in 1275 AD. Today it is ridiculously invalid. It is a joke given modern knowledge. It lacks even the most basic measurement of validity. The disputation method is a Catholic Church methodology. Its content violates the Establishment Clause. Scholasticism was an attempt to prove the existence of God through the study of nature. That aim was given up in 1300, when Occam debunked it. Faith validates the existence of God. It becomes a competitive game, like basketball. It depends on the skill of the lawyer on each side. That skill easily overwhelms the facts and promotes the reliance on procedure. It does guarantee nice incomes for 3 lawyers, the plaintiff, the defense, and the judge in the middle.
The jury is a good lie detector. The jury is a detector of likability and of feelings. Even lie detectors measuring physiological reactions to lying have been banned. They have no validity except for entertainment purposes, like on the Maury Show. The feelings of jurors, who know nothing about complicated technical subjects, will decide based on feelings, like pity for the plaintiff. The jury was a great advance in the year 1000 AD. It replaced the wisdom of the crowd for the feelings, biases, and self interests of the judge.
Saturday, November 3, 2018
Lawyer Profession Myths and Intentional Falsehoods Falsehoods
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment