I mentioned this before, the Franciscans were great economic planners but lousy lawyers. The Franciscan legal system still operates in California and is based on grants of divinity. Lawyers petition the princes in Sacramento for the right to sue some particular group. Once granted, then they hunt members of the group and sue them. It is the Sotomayor system.
It can be justified under democracy, I suppose, we vote to have our asses sued, so our asses should be sued, essentially the Sotomayor rule.
So, for example, the English law tradition that contracts have time limits is out the window. Instead we just make up shit, like the California doctrine which says that once you agree for a while, you agree forever.
The system works under under municipal rule, he economy matches the vote. Citizens do not like being sued, then city hall is a shorty walk, go complain. But one step away and you get a whole lot of hurt, like Sand Diego, many years ago, voted to give up democracy in favor of union rule. Under the California doctrine that is almost irreversible. That seems a violation of due process.
No comments:
Post a Comment