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More thoughts on the legal system June 18, 2009

Posted by fetzthechemist in Uncategorized.

The trial is not about the whole scope of law or of the world in general. It is about defining legal boundaries that then make it only cover those parts of law or the remaining real world that have been mutually agreed to, either directly by both sides or by default because one side puts in something and the other does not or cannot. It is all about building those limiting boundaries. Truth and reality have nothing to do with it anymore.

Unscrupulous attorneys on either plaintiff or defense sides get away with legal chicanery and semantic loopholes that end up with legal decisions based only on these matchstick constructs built during trials, not on the reality that those constructs are supposed to represents.

What I mean in my analogy is that each side uses the words, legal arguments, and so on to build a model of an object, let’s say the Taj Mahal. Each side’s model is then assessed, often not on whether it really more closely resembles the Taj Mahal anymore, but on whether each attorney used the right glue places in the right places to stick together the various slivers of wood.

This ends up being pretty ludicrous at times since the law at some point says “Forget that the original model was the Taj Mahal. The trial is about who built the best model based only on building techniques.” If one side’s model wiggles some or the other side can come in and cut out some matchsticks, the model gets weaker.

It is a rather stupid universe of thinking for a scientist to assess. We would always step back and look at the Taj Mahal and compare.



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