Tuesday, May 23, 2006

the first few words about law school

Hi folks. Too tired from homework to make any coherent kind of blog. I would like to say that if you google my real name, you'll find this site listed in the FRONT PAGE! This may mean I need to be careful. Interesting.

Also, I appreciate all of the contributions in the previous post. I will certainly bring those up again soon.

About law school so far... it's alright. Being a guy who feels uncomfortable when presented with a "right" answer, I seem to fit right in. I guess our entire legal system is based upon "yeah, maybe, but what about in THIS case?"

Oh, also, our entire legal system is based upon so-called "legislating from the bench." The two kinds of law traditions most americans know about are civil law (big lists of what's legal and what's not) and common law (big lists of generalities with the specifics defined by the courts).

America (along with almost all other english speaking nations) is based in common law. Lincoln was a common law lawyer. Adams was a common law lawyer. Making laws from the bench based upon the precendent of previous laws and the constitution and the laws of the legislature is what America is all about.

So the next time you hear someone complain about "legislating from the bench" tell them to move to france, because they don't do that there. Then feel free to accuse them of being a "frenchy," because it is sure to piss them off.

3 comments:

Anonymous said...

hey! Do you live up in the KC area now? Cause I do! And we should totally hang out!

Anonymous said...

It sounds a lot like Psychology.. anytime a teacher asks a question you're sure to get a "good answer!" if you just say, "well, it depends..." You can never be wrong which works out well for me because I love to be right. I thought your school didn't start until August...is it a four year program...? Good luck!

Kathleen said...

You started early for summer didn't you? KU has a good summer program. That's cool. Also, calling people "Frenchy" I am so going to do that when people complain!