cliff@unmvax.UUCP (01/28/85)
>> Whenever he gets into legal trouble (e.g., for paternity), he >> engages the top legal talents of Gouge & Swindle to get him off the hook. >Surprise, since the legal code would be so much easier to understand it would >be inconceivable that a lawyer's prowess would enter into the play. Let me elaborate; My statement obviously wasn't sufficiently lucid. The original Libertaria article implied that Jack (the rich kid) would win in court because he could afford "the top legal talents" to get him off the hook. (Having been involved with UNIX has led me to the side of terseness rather than loquacity, but I will atone for my sins and periodically browse VMS manuals and the like to balance things out.) Here are a few sentences to convey the meaning I had hoped to put forth in one: In a sufficiently succinct system, the skill of the lawyer would minimally affect the outcome of the trial. I am not saying that no longer would lawyers be necessary, but that it would no longer be a question of the smarter or more experienced lawyer winning the case. In these times, when a case goes to court, it is fairly easy to sidestep conviction or a harsh sentence by buying legal power. This is a sham, it enables {persecut,prosecut}ion of the poor, lets people with money/power get off scot free. How many people think Jerry Garcia will serve time for being caught freebasing in his car in Golden Gate park? How many of the Kennedy clan will be tried for illegalities related to David's habits? Was anybody surprised with what happened to Patty Hearst? Now if you want to discuss whether libertarianism could lead (not would lead, this was a view of one of many possible futures) to a more fair set of laws, go ahead. Please do not insult my intelligence by claiming that I think that in a libertarian society there would be no people representing other people for fees (i.e. lawyers) ... whether there would be mandatory certification or not is another question (the answer is no). Brief summary: direct application of libertarian principles could result in a legal code that would not give significant advantage to wealthy people. --Cliff [Matthews] {purdue, cmcl2, ihnp4}!lanl!unmvax!cliff {csu-cs, pur-ee, convex, gatech, ucbvax}!unmvax!cliff 4744 Trumbull S.E. - Albuquerque NM 87108 - (505) 265-9143