tailieunhanh - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P59

Gale Encyclopedia of American Law Volume 13 P59 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 566 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS LEGAL SCHOLARSHIP THE CAUSES OF POPULAR DISSATISFACTION WITH THE ADMINISTRATION OF JUSTICE squarely by legislation is a fruitful source of confusion. Yet the Bar are trained to it as an ancient common law doctrine and it has a great hold upon the public. Hence if the law does not work well says Bentham with fine sarcasm it is never the law itself that is in the wrong it is always some wicked interpreter of the law that has corrupted and abused it. Thus another unnecessary strain is imposed upon our judicial system and courts are held for what should be the work of the legislature. The defects of form inherent in our system of case law have been the subject of discussion and controversy too often to require extended consideration. Suffice it to say that the want of certainty confusion and incompleteness inherent in all case law and the waste of labor entailed by the prodigious bulk to which ours has attained appeal strongly to the layman. The compensating advantages of this system as seen by the lawyer and by the scientific investigator are not apparent to him. What he sees is another phase of the great game a citation match between counsel with a certainty that diligence can rake up a decision somewhere in support of any conceivable proposition. Passing to the third head causes lying in our judicial organization and procedure we come upon the most efficient causes of dissatisfaction with the present administration of justice in America. For I venture to say that our system of courts is archaic and our procedure behind the times. Uncertainty delay and expense and above all the injustice of deciding cases upon points of practice which are the mere etiquette of justice direct results of the organization of our courts and the backwardness of our procedure have created a deep-seated desire to keep out of court right or wrong on the part of every sensible business man in the community. Our system of courts is archaic .