The law as intended is to see to the administration of justice and has completely lost the plot.
In MANY instances laws, rules and regulations do more harm than good.
There are two critical issues that need to be addressed with regard to TheLaw .
Number one is the fact that there is a huge gap between application of the Law and any consideration of Justice. see. Role of a Judge. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. This is the intention of TheLaw in most countries. But IMHO the judge will normally rule with the side which shows the strongest application of the laws that are presented. This does not change much when the judge is advising a jury on the legal aspects. The result, in this day and age, is that the “winner” is usually the side that presents the strongest legal case and this is normally ( and logically ) the best qualified, experienced and most expensive legal team. This is the case because The Law has become so verbose, complex and convoluted that it has a number of “legal loopholes” that used to advantage by lawyers who are paid exorbitant amounts of money to achieve whatever it is that their client needs. A very powerful example of this is Don Trump. There are also examples of Judges are incompetent and even some that are corrupt.
Number two is because the government has become the nanny-of-the-nation.
Everybody has to be protected FROM THEMSELVES because the government has to foot the bill for any and all irresponsible behavior (in terms of the peoples rights!! Everyone regardless of personal Responsibility is entitles to MediCare in Australia.).
And consequently many laws are made for the purpose of TRYING to stop people being
irresponsible. Many Laws are also promulgated for the generation of revenue for the government or for Councils. Many of these laws become unenforceable for one reason or another and the whole system becomes more and more complex.
Overzealous enforcement of these laws by people who become obsessed with their personal “power” increases the overzealous application of many laws. Reasonable and law-abiding people become the victims of these legal practices while the police force does not have sufficient manpower assigned to catching those people for whom the laws were created in the first place.
The two Problems, Politics and TheLaw, are very much related but the many problems need to be addressed separately so that solutions can be defined and then suggested as individual subjects (or Posts in blog terminology).