The Law Is Not Always Fair, But Its Still The Law

The law is an amusing thing. Nobody knows when early man first started to invent rules for day to day life, but Hammurabi is the 1st law-giver noted by history. This ancient Sumerian king codified the laws governing his realms on stone tablets which were prominently displayed in places of public gathering such as markets so that citizens would know what was anticipated of them.

It is generally assumed by the individuals that laws should reflect justice and morality, but the record of human society has been one where laws are used to subvert justice. Modern-day America is a country that prides itself as being a country under the rule of law, however it boasts the largest prison population in the world. Are Americans just more criminal or could there be an issue with the laws?

Respect for the law is so ingrained in American jurisprudence that outright absurdities abound. One could literally sign away one's rights, as long as it is in a contract! While it's not quite the case that you might simply give someone permission to kill you, as with assisted suicide and euthanasia, it's still possible to be mislead into giving away your rights and have the courts back it.

For example, a scandalous practice now common among many vehicle dealers is to stipulate in a contract a thing by the name of the mandatory binding arbitration agreement. Precise terms can change, but generally it is meant to let the car seller absolve himself of any responsibility. Naturally, you can hire a lawyer to review the language to reflect your best interests but why not just refuse to conduct business with any business that doesn't respect your business enough to attempt such a trick on you? Some of these mandatory binding arbitration agreements will even strip you of the right to sue, even in cases of crime, yet subject you to a suit if, for example, you refuse to pay for a lemon!

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This entry was posted on Sunday, May 9th, 2010 at 8:20 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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