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Posts Tagged ‘Catherine Crier’

Tyranny, Tacos and Trump

January 18th, 2016 No comments

Source: Idaho Lunch Lady Fired for Giving Free Meal to Student in Need Offered Job Back by School District – ABC News

That a story like this even makes the news is an indication of how society’s rules have become so disconnected from the values of greater society.  The onslaught of combative lawsuits, threatened legal actions and oppressive regulations ravaging western societies for the past few generations have successfully beaten and bullied  much of what passes as common sense and decency into retreat.  The concept of ‘doing the right thing’ over doing the legal thing is becoming as abstract as a rotary phone.  In effect, the nation is populated by rule-breakers at every level in society, it’s just a matter of when they get caught.

It appears that people are willing to be governed mainly by byzantine rules enforced by fearful lackeys rather than as directed by their inner moral compasses.  They have ceded the rules of conduct within society to the interpretation by the present day ruling class….lawyers.  Lest this sound like so much hyperbole, there is ample evidence to assure that it’s not. This is hardly an original thesis.  In her revealing 2002 book, The Case Against Lawyers, Judge Catherine Crier detailed the sinister creep of the legal and political class in undermining the very freedoms for citizens that they purportedly champion.

That this compassionate Idaho worker was accused of stealing for the simple act of feeding a poor kid should be repulsive to anyone who considers themselves moral.  Someone decided to apply the letter of the law to this poor woman as if it was a high crime.  While the story may seem outrageous to most of us, we’ve likely all been at the receiving end of a similar bit of legal heavy handedness.  People resent this stuff; they begin to wonder exactly who are making the rules.

Meanwhile in California, a Taco Bell executive was recorded on camera raining blows to the head of his unfortunate Uber cab driver.  Since most people frown upon such behavior, he soon became an ex executive when fired by Taco Bell once the video came to public attention. Rather than slink away in shame, this ex executive has instead decided to double down on his cowardly behavior by finding a lawyer to sue for $5 million dollars claiming that he never gave permission to be filmed beating up the driver.  Of course, it’s an easy defense, since the driver can claim that he was not given advance notice of a beating. The fact that this loser would even be able to file such an action is absurd. Preposterousness has never been an obstacle for lawyers.   Some may recall a Harvard law professor figuratively kicking sand in the face of a restauranteur for an innocent error on a bill.

What does this have to do with Donald Trump? Nothing directly, but also everything. His crass media shtick is certainly not what you’d want your kids to emulate, but this same thumbing of expected conventions has resonated with an enormous segment of people who are  tired of being told what is correct to say or do by political leaders and by media.  People prefer to make their own choices on religion, on assembly, on speech, on firearms, on climate fiction, on foods they eat, on cars they drive and how their kids are educated. They find in Trump, a plain spoken champion willing to push back against political correctness, against the tyranny of legal red tape which smothers common sense at all levels.  They find in him a person not beholden to influential moneyed constituencies pushing narratives which are at odds with their own experiences.  Without specificity, Trump seems to be the guy that will do the right thing, a trait that many can identify with.

Of course, he is hardly perfect and we don’t know if he’ll do all the things that he promises; that would be delusional.  For now, warts aplenty, he makes the most noise and gives voice to people that other politicos apparently don’t.  It may just be that he’s  the most successful demagogue of this time. But at least he’s not a lawyer.

 

Help Help! Someone Call A Lawyer

June 1st, 2010 1 comment

link The Associated Press: Obama pledges changes to avert future spills.

Future students of history and civilization will study this last half century period in America and will no doubt be fascinated by the various official responses to national calamities.  In addition to the linked story above is the news that the present Attorney General, Eric Holder is making a personal appearance in the Gulf region presumably to ascertain what legal actions can be taken in the wake of this big oil leak.  The administration has also let it be known that a commission will be organized to investigate what to do and to make more laws.  This makes sense to whom?  A massive engineering problem arises requiring experts from all kinds of technical disciplines to try to resolve and the government sends in…. lawyers???

As if every ailment that affects society has a legal solution. Western society has been conditioned to think that somehow, legal resolutions are the ultimate cure all.  The first instinct for most when some misfortune befalls them is to call a lawyer and why not? This seems to be the civilized way to act in a decent society.  Except that what will ultimately happen is people will tire of the inanity of this mindset and will revolt.  As the current raging rancor over Arizona’s immigration laws demonstrate, people will flout laws anyway if no one is going to enforce them.  Why go to the trouble of engaging shiploads of lawyers to create laws if no one bothers to enforce them?  Is this not just a massive make-work program for lawyers?

The tragically flawed delusion inflicted upon society that somehow lawyers and laws are the salvation of all has reached comical proportions.  Massive oil leak? Send in lawyers. Gas pedal sticking in your Toyota? Call in the lawyers.  A business like Microsoft too succesful? You guessed it, get lawyers involved. As I mentioned in a previous post, just wait for the lawsuits from college graduates who can’t find jobs after spending a small fortune in tuition. 

In direct contradiction to a society that supposedly nurtures self determination and initiative, byzantine and nuisance laws actually discourage human development and impedes the progress of people.  Just today, there is the news story of a woman who is suing Google for giving her map directions which placed her in the middle of a highway where she was injured by traffic, see here: http://www.nydailynews.com/tech_guide/2010/05/31/2010-05-31_lauren_rosenberg_sues_google_blames_faulty_google_maps_directions_after_being_hi.html  Not surprisingly, this woman is from California where the altered state is the preferred state.

This state of delusion has formed a society in which finger pointing is the default response for all events affecting our individual lives.  The gulf oil leak as covered by the media is focused upon legal heads arguing over who’s at fault for the catastrophe.  Apparently the blame reaches all the way to the first Bush administration.  In line with legal tactics, everyone involved with the leak can expect to be found somewhat culpable for the fiasco.  British Petroleum certainly, but what of all the suppliers to the rig site?  What of the providers of steel, of the manufacturers of the drilling machinery?  What of the State or Federal bodies that granted permits for the drilling?  What about the financial institutions that financed the project?  What about the people who provided food to the workers on the rig?  Will they be roped in as well since they ‘enabled’ the drilling to take place?

It appears that we’re well past the point where reams of laws and more importantly, the mentality of the legal system  can be seen to be protecting the people.  We are now well into the stage where the legal requirements governing people’s everyday lives behave more like sand in the gears than the lubricant they should be.  Years ago, a book by a former Jurist, Catherine Crier wrote a book entitled The Case Against Lawyers, which described the many ways in which the law profession was undermining society by creating an unfair legal system.  Onerous laws and regulations are in large part responsible for migration of many core industries to other emerging nations.   Businesses would recoil at the thought of having the Mafia extort protection money from them as a cost of doing business.  Onerous laws and regulations are exactly the same thing, except….who protects us from the lawyers?

The worst part of what has happened is that entire generations of bright minds have been sucked into the lure of the law racket because it  continues to be a lucrative profession regardless of economic cycles.  The consequence is that bright minds have been diverted from doing things that can actually benefit society, in areas of medical research and engineering for example.  As long as people can succeed in life by pointing fingers for a living, that’s unlikely to change.