Sunday, 27 July 2008

The Vast Hole that is Our System of Jurisprudence

If the jurispredunce system was good, would we still have criminals?

Realistically, the answer is yes. It is the nature of human beings to push the boundaries. To see how far one can go. Or, sometimes, just basic survival demands it.

People will say that we've too many laws, too many rules. It comes up in the workplace, on the squad, in everyday life. But once society gets too big (more than two people), rules need to be established. It begins as little things: don't drive too fast, call in to the office if you can't make it in. But then there is someone who bends the rules or finds a loophole or a way around the rules.

Then you rewrite the rules to work.

And then you have people demanding to know why we don't do this or do that, and you are explaining that the verbiage works this way or that. Sometimes I just want to say, "Suck it up and deal with it." Instead, when people tell me they want to leave I hear myself saying, "You need to do what is best for yourself." Which is true, but much more delicate than I'd like.

But then there is always someone saying, "I'm gonna sue."

The first thing I think is, "Do you really want to fall into the vast hole that is our system of jurisprudence? Think carefully about this." I would not advise people to not see a lawyer; I'd never say that. In fact, when it comes to documents, I encourage people to get legal advice once they utter that. I have that much confidence - and I know how the system works. But forget work - I don't hear it there more than anywhere else.

Possible any place!

People love to threaten to bring a lawsuit against another. Unless you have definitive proof (like a botched medical job that is clearly documented as fixable and it is just screwed up), don't do it. This kind of undertaking takes an inordinate amount of time and effort and may net you nothing. It also may get you a positive verdict but the money won't ever be seen. The unfortunate thing is so many people look at lawsuits as their ticket to instant money.

There is no such thing. Or, at the very least, it is very, very rare. And the hell that you'll go through most likely won't make it worth it. But I still hear it all the time.

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