Uncertainty and Law
()
About this ebook
Jurisprudence. Philosophy of Law. Uncertainty of Law and Constitutional Government. This book looks at Uncertainty and Law: Constitutional Uncertainty; Legal Uncertainty; Individual Rights; Effects of Uncertainty
James Constant
writes on law, government, mathematics and science, as they are and as they should be
Read more from James Constant
Related to Uncertainty and Law
Titles in the series (9)
The Causes of Law Rating: 4 out of 5 stars4/5Courts and Law Rating: 0 out of 5 stars0 ratingsHistory and Law Rating: 0 out of 5 stars0 ratingsWealth and Law Rating: 0 out of 5 stars0 ratingsUncertainty and Law Rating: 0 out of 5 stars0 ratingsArgument and Program for Certainty in Law Rating: 0 out of 5 stars0 ratingsProspects for Constitutional Government Rating: 0 out of 5 stars0 ratingsBiographical Index Rating: 0 out of 5 stars0 ratingsLiterature and Law Rating: 0 out of 5 stars0 ratings
Related ebooks
Argument and Program for Certainty in Law Rating: 0 out of 5 stars0 ratingsWealth and Law Rating: 0 out of 5 stars0 ratingsCourts and Law Rating: 0 out of 5 stars0 ratingsThe Causes of Law Rating: 4 out of 5 stars4/5The Basics of Freedom Rating: 0 out of 5 stars0 ratingsWas Frankenstein Really Uncle Sam? Vol Ix: Notes on the State of the Declaration of Independence Rating: 0 out of 5 stars0 ratingsHow the Bill of Rights and a Lack of Virtue are Destroying America Rating: 0 out of 5 stars0 ratingsThe Constitution and What It Means Rating: 0 out of 5 stars0 ratingsWhat Prohibition Has Done to America Rating: 0 out of 5 stars0 ratingsUnderstand Your Rights Because You're About to Lose Them! Rating: 5 out of 5 stars5/5We, the People: Formative Documents of America's Democracy Rating: 5 out of 5 stars5/5Operation Justice: To Make A Society That Needs No Law Rating: 0 out of 5 stars0 ratingsProspects for Constitutional Government Rating: 0 out of 5 stars0 ratingsHistory and Law Rating: 0 out of 5 stars0 ratingsLiterature and Law Rating: 0 out of 5 stars0 ratingsThe Essentials of American Constitutional Law Rating: 0 out of 5 stars0 ratingsCopyright Law of the United States of America / Contained in Title 17 of the United States Code Rating: 0 out of 5 stars0 ratingsDeath Grip: Loosening the Law's Stranglehold over Economic Liberty Rating: 0 out of 5 stars0 ratingsChanging Your Name in Canada Rating: 0 out of 5 stars0 ratingsThe Bill of Rights Rating: 0 out of 5 stars0 ratingsJudicial Fortitude: The Last Chance to Rein In the Administrative State Rating: 0 out of 5 stars0 ratingsThe Living Law Rating: 0 out of 5 stars0 ratingsSkullduggery: Under Color of Law Rating: 0 out of 5 stars0 ratingsGetting off Paper Rating: 0 out of 5 stars0 ratingsFeckless Judges Rating: 0 out of 5 stars0 ratingsPersonal Liability of Public Officials in Virginia’s Local Governments and Its Impact on Their Willingness to Serve Rating: 0 out of 5 stars0 ratingsAmerican Tenant: Everything U Need to Know About Your Rights as a Renter Rating: 0 out of 5 stars0 ratingsThe Pitfalls of How, When, Where and Why to Hire Lawyers and How to Use a Consultant to Do so and Lower Your Legal Fees Rating: 0 out of 5 stars0 ratingsCorpus Juris: The Order of the Defender of Arabia Rating: 0 out of 5 stars0 ratingsJustice in Your Court: What Would It Look Like? 50 Real-Life Cases for You to Decide Rating: 0 out of 5 stars0 ratings
Law For You
Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Contracts Rating: 0 out of 5 stars0 ratingsThe ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5Win In Court Every Time Rating: 5 out of 5 stars5/5Dictionary of Legal Terms: Definitions and Explanations for Non-Lawyers Rating: 5 out of 5 stars5/5Know Your Rights: A Survival Guide for Non-Lawyers Rating: 0 out of 5 stars0 ratingsCriminal Law Rating: 0 out of 5 stars0 ratingsThe Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5Law For Dummies Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5The Pro Se Litigant's Civil Litigation Handbook: How to Represent Yourself in a Civil Lawsuit Rating: 5 out of 5 stars5/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsHow to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5The Common Law Rating: 4 out of 5 stars4/5No Stone Unturned: The True Story of the World's Premier Forensic Investigators Rating: 4 out of 5 stars4/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5Executor's Guide, The: Settling a Loved One's Estate or Trust Rating: 0 out of 5 stars0 ratingsThe Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5Business Law Basics: A Legal Handbook for Online Entrepreneurs and Startup Businesses Rating: 4 out of 5 stars4/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5Summary of Tom Wheelwright's TaxFree Wealth Rating: 0 out of 5 stars0 ratingsWith Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful Rating: 4 out of 5 stars4/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5
Related categories
Reviews for Uncertainty and Law
0 ratings0 reviews
Book preview
Uncertainty and Law - James Constant
Uncertainty and Law
By James Constant
Smashwords Edition
Copyright © 1993,2013 by James Constant
Smashwords Edition, License Notes
This ebook is licensed for your personal enjoyment only. This ebook may not be re sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.
Table of Contents
Constitutional Uncertainty
Legal Uncertainty
Individual Rights
Effects of Uncertainty
UNCERTAINTY AND LAW
Bismarck (1815-1898 A.D.) said that the less people know about how sausages and laws are made, the better they’ll sleep at night. The Constitution and laws are not documents whose terms permit only one interpretation, or even a narrow range of interpretations. This means that the meanings of the Constitution and laws are left to government and the wide discretion of judges. The fact is that, in a democracy, neither the government or its judges will rule against minority wealth unless forced by the public opinion.
Bentham (1748-1832 A.D.) equates justice with certainty in the law.[330] Whereas Hobbes (1588-1679 A.D.) had insisted that in order to make the right decision judges must have great latitude in interpreting the law, Bentham saw in such latitude the destruction of rule by law, which requires perfectly clear and fixed rules. Certainty in the law meant, according to Bentham, a law that could be pointed to and would yield unequivocal decision. Judicial opinion provides no such object. Bentham therefore suggested that certainty in the law could not be had without codification. Most judicial writers, the adherents of realism, say that uncertainty reduces law to will and thus right is might. Realism recognizes that not only the legislator but also the judge is above the law. The law is what the judge decides. The courts constantly make ex post facto law and, in reality the law does not exist. The true lawmaker is not the one who makes the law but whoever has the absolute authority to interpret the law. Law is legal fiction. The pretense is that the law is a system of known rules applied by a judge. Thus, realists assume that everything done in the name of the law should be ruled by real social needs
. [331] These pronouncements should make people think twice before they go to a court of law
. However, the real question is why is law uncertain? There is only one plausible answer, namely, the ruler cannot rule otherwise. In a democracy, the ruler must have uncertainty in law to preserve its wealth.
One judge has spoken out publicly saying that the way the courts now interpret statutes, lawyers and judges often engage in a kind of a scavenger hunt