Klarinet Archive - Posting 000108.txt from 2003/06
From: "Matthew Lloyd" <Matthew@-----.uk>
Subj: [kl] Law and Semantics
Date: Tue, 3 Jun 2003 11:05:50 -0400
Mea Culpa....
I should - clearly have written "you seem to be under the common
misapprehension that the law DOES make sense.
I subscribe to the cock up rather than the conspiracy view of poor
drafting. I think lawyers tend to use jargon in a wish to appear
knowledgeable or - possibly more accurately in a lot of occasions -
because they cannot or will not appreciate that Joe Bloggs doesn't
understand what he is saying. We lawyers communicate to ourselves in our
own language - and you could say the same of any group either in the
nature of an interest group or profession. Just think how many people
would be perplexed by reference to an eefer who would know what an Eb
clarinet was? Or realise that when a clarinettist refers to his "horn"
he isn't necessarily a multi-instrumentalist? How many of you would be
able to tell me the common link between CHOPPER, BONE, TRACTOR, HOOVER
and GRID?
Returning to your point concerning the reading of the code - that is all
very well if your legal system is one that has been codified - but not
all have. Part of the skill of the lawyer is knowing where to look to
find the answer to a question. But I agree in general - the law should
be accessible.
Matthew
-----Original Message-----
From: James Hobby [mailto:jhobby@-----.net]
Subject: RE: [kl]
I would suggest, Matthew, that you're wrong. I'm not saying that the
law
makes sense, but it SHOULD. Any person of reasonable intelligence
should be
able to sit down, read the code section, and understand clearly what it
means. Quite frankly, my opinion is that most law-making bodies are
made up
of attorneys, elected to public office, who have a vested interest --
either
their own or their financial supporters -- in keeping it as confusing as
possible.
Jim Hobby
>From: "Matthew Lloyd" <Matthew@-----.uk>
>
>Alexander,
>
>You seem to be labouring under the common misapprehension that they law
>should make sense.
>
>It doesn't.
>
>Matthew
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