Loading ...
Sorry, an error occurred while loading the content.

FED JUDGE SAYS LEGAL SYSTEM CORRUPT BEYOND RECOGNITION

Expand Messages
  • legalbear
    American Legal System Is Corrupt Beyond Recognition Judge Tells Harvard Law School By Geraldine Hawkins March 7, 2003 3-7-3 The American legal system has been
    Message 1 of 2 , Mar 9, 2003
    • 0 Attachment
      American Legal System Is Corrupt Beyond Recognition Judge Tells Harvard
      Law School

      By Geraldine Hawkins
      March 7, 2003
      3-7-3

      The American legal system has been corrupted almost beyond recognition,
      Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit,
      told the
      Federalist Society of Harvard Law School on February 28.

      She said that the question of what is morally right is routinely
      sacrificed to what is politically expedient. The change has come because

      legal philosophy has
      descended to nihilism.

      "The integrity of law, its religious roots, its transcendent quality are

      disappearing. I saw the movie 'Chicago' with Richard Gere the other day.
      That's the way the public thinks about lawyers," she told the students.

      "The first 100 years of American lawyers were trained on Blackstone, who

      wrote that: 'The law of nature dictated by God himself is binding in all

      counties
      and at all times; no human laws are of any validity if contrary to this;

      and such of them as are valid derive all force and all their authority
      from this original.'
      The Framers created a government of limited power with this
      understanding of the rule of law - that it was dependent on transcendent

      religious obligation,"
      said Jones.

      She said that the business about all of the Founding Fathers being
      deists is "just wrong," or "way overblown." She says they believed in
      "faith and reason," and this did not lead to intolerance.

      "This is not a prescription for intolerance or narrow sectarianism," she

      continued, "for unalienable rights were given by God to all our fellow
      citizens. Having lost sight of the moral and religious foundations of
      the rule of law, we are vulnerable to the destruction of our freedom,
      our equality before the law and our self-respect. It is my fervent hope
      that this new century will experience a revival of the original
      understanding of the rule of law and its roots.

      "The answer is a recovery of moral principle, the sine qua non of an
      orderly society. Post 9/11, many events have been clarified. It is hard
      to remain a
      moral relativist when your own people are being killed."

      According to the judge, the first contemporary threat to the rule of law

      comes from within the legal system itself.

      Alexis de Tocqueville, author of Democracy in America and one of the
      first writers to observe the United States from the outside looking-in,
      "described
      lawyers as a natural aristocracy in America," Jones told the students.
      "The intellectual basis of their profession and the study of law based
      on venerable
      precedents bred in them habits of order and a taste for formalities and
      predictability." As Tocqueville saw it, "These qualities enabled
      attorneys to stand apart from the passions of the majority. Lawyers were

      respected by the citizens and able to guide them and moderate the
      public's whims. Lawyers were essential to tempering the potential
      tyranny of the majority.

      "Some lawyers may still perceive our profession in this flattering
      light, but to judge from polls and the tenor of lawyer jokes, I doubt
      the public shares
      Tocqueville's view anymore, and it is hard for us to do so.

      "The legal aristocracy have shed their professional independence for the

      temptations and materialism associated with becoming businessmen.
      Because
      law has become a self-avowed business, pressure mounts to give clients
      the advice they want to hear, to pander to the clients' goal through
      deft manipulation of the law. While the business mentality produces
      certain benefits, like occasional competition to charge clients lower
      fees, other adverse effects include advertising and shameless
      self-promotion. The legal system has also been wounded by lawyers who
      themselves no longer respect the rule of law," The judge quoted Kenneth
      Starr as saying, "It is decidedly unchristian to win at
      any cost," and added that most lawyers agree with him.

      However, "An increasingly visible and vocal number apparently believe
      that the strategic use of anger and incivility will achieve their aims.
      Others seem
      uninhibited about making misstatements to the court or their opponents
      or destroying or falsifying evidence," she claimed. "When lawyers cannot
      be
      trusted to observe the fair processes essential to maintaining the rule
      of law, how can we expect the public to respect the process?"

      Lawsuits Do Not Bring 'Social Justice'

      Another pernicious development within the legal system is the misuse of
      lawsuits, according to her.

      "We see lawsuits wielded as weapons of revenge," she says. "Lawsuits are

      brought that ultimately line the pockets of lawyers rather than their
      clients. The
      lawsuit is not the best way to achieve social justice, and to think it
      is, is a seriously flawed hypothesis. There are better ways to achieve
      social goals than
      by going into court."

      Jones said that employment litigation is a particularly fertile field
      for this kind of abuse.

      "Seldom are employment discrimination suits in our court supported by
      direct evidence of race or sex-based animosity. Instead, the courts are
      asked to revisit petty interoffice disputes and to infer invidious
      motives from trivial comments or work-performance criticism.
      Recrimination, second-guessing and suspicion plague the workplace when
      tenuous discrimination suits are filed creating an
      atmosphere in which many corporate defendants are forced into costly
      settlements because they simply cannot afford to vindicate their
      positions.

      "While the historical purpose of the common law was to compensate for
      individual injuries, this new litigation instead purports to achieve
      redistributive
      social justice. Scratch the surface of the attorneys' self-serving press

      releases, however, and one finds how enormously profitable social
      redistribution is for
      those lawyers who call themselves 'agents of change.'"

      Jones wonders, "What social goal is achieved by transferring millions of

      dollars to the lawyers, while their clients obtain coupons or token
      rebates."

      The judge quoted George Washington who asked in his Farewell Address,
      "Where is the security for property, for reputation, for life, if the
      sense of
      religious obligation desert the oaths in courts of justice?"

      Similarly, asked Jones, how can a system founded on law survive if the
      administrators of the law daily display their contempt for it?

      "Lawyers' private morality has definite public consequences," she said.
      "Their misbehavior feeds on itself, encouraging disrespect and
      debasement of the rule of law as the public become encouraged to press
      their own advantage in a system they perceive as manipulatable."

      The second threat to the rule of law comes from government, which is
      encumbered with agencies that have made the law so complicated that it
      is difficult to decipher and often contradicts itself.

      "Agencies have an inherent tendency to expand their mandate," says
      Jones. "At the same time, their decision-making often becomes parochial
      and
      short-sighted. They may be captured by the entities that are ostensibly
      being regulated, or they may pursue agency self-interest at the expense
      of the public welfare. Citizens left at the mercy of selective and
      unpredictable agency action have little recourse."
      Jones recommends three books by Philip Howard: The Death of Common
      Sense, The Collapse of the Common Good and The Lost Art of Drawing the
      Line, which further delineate this problem.

      The third and most comprehensive threat to the rule of law arises from
      contemporary legal philosophy.

      "Throughout my professional life, American legal education has been
      ruled by theories like positivism, the residue of legal realism,
      critical legal studies,
      post-modernism and other philosophical fashions," said Jones. "Each of
      these theories has a lot to say about the 'is' of law, but none of them
      addresses the
      'ought,' the moral foundation or direction of law."

      Jones quoted Roger C. Cramton, a law professor at Cornell University,
      who wrote in the 1970s that "the ordinary religion of the law school
      classroom" is "a
      moral relativism tending toward nihilism, a pragmatism tending toward an

      amoral instrumentalism, a realism tending toward cynicism, an
      individualism tending toward atomism, and a faith in reason and
      democratic processes tending toward mere credulity and idolatry."

      No 'Great Awakening' In Law School Classrooms

      The judge said ruefully, "There has been no Great Awakening in the law
      school classroom since those words were written." She maintained that
      now it is even worse because faith and democratic processes are breaking

      down.

      "The problem with legal philosophy today is that it reflects all too
      well the broader post-Enlightenment problem of philosophy," Jones said.
      She quoted
      Ernest Fortin, who wrote in Crisis magazine: "The whole of modern
      thought has been a series of heroic attempts to reconstruct a world of
      human meaning
      and value on the basis of our purely mechanistic understanding of the
      universe."

      Jones said that all of these threats to the rule of law have a common
      thread running through them, and she quoted Professor Harold Berman to
      identify it:
      "The traditional Western beliefs in the structural integrity of law, its

      ongoingness, its religious roots, its transcendent qualities, are
      disappearing not
      only from the minds of law teachers and law students but also from the
      consciousness of the vast majority of citizens, the people as a whole;
      and more than that, they are disappearing from the law itself. The law
      itself is becoming more fragmented, more subjective, geared more to
      expediency and less to
      morality. The historical soil of the Western legal tradition is being
      washed away and the tradition itself is threatened with collapse."

      Judge Jones concluded with another thought from George Washington: "Of
      all the dispositions and habits which lead to prosperity, religion and
      morality are indispensable supports. In vain would that man claim the
      tribute of patriotism who should labor to subvert these great pillars of

      human happiness - these firmest props of the duties of men and
      citizens."

      Upon taking questions from students, Judge Jones recommended Michael
      Novak's book, On Two Wings: Humble Faith and Common Sense.

      "Natural law is not a prescriptive way to solve problems," Jones said.
      "It is a way to look at life starting with the Ten Commandments."

      Natural law provides "a framework for government that permits human
      freedom," Jones said. "If you take that away, what are you left with?
      Bodily
      senses? The will of the majority? The communist view? What is it - 'from

      each according to his ability, to each according to his need?' I don't
      even remember it, thank the Lord," she said to the amusement of the
      students.

      "I am an unabashed patriot - I think the United States is the healthiest

      society in the world at this point in time," Jones said, although she
      did concede that there were other ways to accommodate the rule of law,
      such as constitutional monarchy.

      "Our legal system is way out of kilter," she said. "The tort litigating
      system is wreaking havoc. Look at any trials that have been conducted on

      TV. These lawyers are willing to say anything."

      Potential Nominee to Supreme Court

      Judge Edith Jones has been mentioned as a potential nominee to the
      Supreme Court in the Bush administration, but does not relish the idea.

      "Have you looked at what people have to go through who are nominated for

      federal appointments? They have to answer questions like, 'Did you pay
      your
      nanny taxes?' 'Is your yard man illegal?'

      "In those circumstances, who is going to go out to be a federal judge?
      People who have accomplished nothing. In other words, federal
      employees."

      Judge Edith H. Jones has a B.A. from Cornell University and a J.D. from
      the University of Texas School of Law. She was appointed to the Fifth
      Circuit by President Ronald Reagan in 1985. Her office is in the U.S.
      Courthouse in Houston.

      The Federalist Society was founded in 1982 when a group of law students
      from Harvard, Stanford, the University of Chicago and Yale organized a
      symposium on federalism at Yale Law School. These students were unhappy
      with the academic climate on their campuses for some of the reasons
      outlined by Judge Jones. The Federalist Society was created to be a
      forum for a wider range of legal viewpoints than they were hearing in
      the course of their studies.

      From the four schools mentioned above, the Society has grown to include

      over 150 law school chapters. The Harvard chapter, with over 250
      members, is one
      of the nation's largest and most active. They seek to contribute to
      civilized dialogue at the Law School by providing a libertarian and
      conservative voice on
      campus and by sponsoring speeches and debates on a wide range of legal
      and policy issues.

      The Federalist Society consists of libertarians and conservatives
      interested in the current state of the legal profession. It is founded
      on three principles: 1) the state exists to preserve freedom, 2) the
      separation of governmental powers is central to our Constitution and 3)
      it is emphatically the province and duty of the judiciary to state what
      the law is, not what it should be.

      http://www.massnews.com/2003_Editions/3_March/030703_mn_american_legal_s
      ystem_corrupt.shtml

      http://www.rense.com
    • warren nelson
      I wish I could get Geraldine or someone else in this email, to help me with my Right of Travel case, where I am fighting this corrupt legal system, over me not
      Message 2 of 2 , Mar 9, 2003
      • 0 Attachment
        I wish I could get Geraldine or someone else in this
        email, to help me with my Right of Travel case, where
        I am fighting this corrupt legal system, over me not
        having a drivers license, because I travel by Right
        and not corporate STATE granted privilege. Anyone are
        to give me a hand?????????


        Warren Nelson
        --- legalbear <bsmyth13@...> wrote:
        >
        > American Legal System Is Corrupt Beyond Recognition
        > Judge Tells Harvard
        > Law School
        >
        > By Geraldine Hawkins
        > March 7, 2003
        > 3-7-3
        >
        > The American legal system has been corrupted almost
        > beyond recognition,
        > Judge Edith Jones of the U.S. Court of Appeals for
        > the Fifth Circuit,
        > told the
        > Federalist Society of Harvard Law School on February
        > 28.
        >
        > She said that the question of what is morally right
        > is routinely
        > sacrificed to what is politically expedient. The
        > change has come because
        >
        > legal philosophy has
        > descended to nihilism.
        >
        > "The integrity of law, its religious roots, its
        > transcendent quality are
        >
        > disappearing. I saw the movie 'Chicago' with Richard
        > Gere the other day.
        > That's the way the public thinks about lawyers," she
        > told the students.
        >
        > "The first 100 years of American lawyers were
        > trained on Blackstone, who
        >
        > wrote that: 'The law of nature dictated by God
        > himself is binding in all
        >
        > counties
        > and at all times; no human laws are of any validity
        > if contrary to this;
        >
        > and such of them as are valid derive all force and
        > all their authority
        > from this original.'
        > The Framers created a government of limited power
        > with this
        > understanding of the rule of law - that it was
        > dependent on transcendent
        >
        > religious obligation,"
        > said Jones.
        >
        > She said that the business about all of the Founding
        > Fathers being
        > deists is "just wrong," or "way overblown." She says
        > they believed in
        > "faith and reason," and this did not lead to
        > intolerance.
        >
        > "This is not a prescription for intolerance or
        > narrow sectarianism," she
        >
        > continued, "for unalienable rights were given by God
        > to all our fellow
        > citizens. Having lost sight of the moral and
        > religious foundations of
        > the rule of law, we are vulnerable to the
        > destruction of our freedom,
        > our equality before the law and our self-respect. It
        > is my fervent hope
        > that this new century will experience a revival of
        > the original
        > understanding of the rule of law and its roots.
        >
        > "The answer is a recovery of moral principle, the
        > sine qua non of an
        > orderly society. Post 9/11, many events have been
        > clarified. It is hard
        > to remain a
        > moral relativist when your own people are being
        > killed."
        >
        > According to the judge, the first contemporary
        > threat to the rule of law
        >
        > comes from within the legal system itself.
        >
        > Alexis de Tocqueville, author of Democracy in
        > America and one of the
        > first writers to observe the United States from the
        > outside looking-in,
        > "described
        > lawyers as a natural aristocracy in America," Jones
        > told the students.
        > "The intellectual basis of their profession and the
        > study of law based
        > on venerable
        > precedents bred in them habits of order and a taste
        > for formalities and
        > predictability." As Tocqueville saw it, "These
        > qualities enabled
        > attorneys to stand apart from the passions of the
        > majority. Lawyers were
        >
        > respected by the citizens and able to guide them and
        > moderate the
        > public's whims. Lawyers were essential to tempering
        > the potential
        > tyranny of the majority.
        >
        > "Some lawyers may still perceive our profession in
        > this flattering
        > light, but to judge from polls and the tenor of
        > lawyer jokes, I doubt
        > the public shares
        > Tocqueville's view anymore, and it is hard for us to
        > do so.
        >
        > "The legal aristocracy have shed their professional
        > independence for the
        >
        > temptations and materialism associated with becoming
        > businessmen.
        > Because
        > law has become a self-avowed business, pressure
        > mounts to give clients
        > the advice they want to hear, to pander to the
        > clients' goal through
        > deft manipulation of the law. While the business
        > mentality produces
        > certain benefits, like occasional competition to
        > charge clients lower
        > fees, other adverse effects include advertising and
        > shameless
        > self-promotion. The legal system has also been
        > wounded by lawyers who
        > themselves no longer respect the rule of law," The
        > judge quoted Kenneth
        > Starr as saying, "It is decidedly unchristian to win
        > at
        > any cost," and added that most lawyers agree with
        > him.
        >
        > However, "An increasingly visible and vocal number
        > apparently believe
        > that the strategic use of anger and incivility will
        > achieve their aims.
        > Others seem
        > uninhibited about making misstatements to the court
        > or their opponents
        > or destroying or falsifying evidence," she claimed.
        > "When lawyers cannot
        > be
        > trusted to observe the fair processes essential to
        > maintaining the rule
        > of law, how can we expect the public to respect the
        > process?"
        >
        > Lawsuits Do Not Bring 'Social Justice'
        >
        > Another pernicious development within the legal
        > system is the misuse of
        > lawsuits, according to her.
        >
        > "We see lawsuits wielded as weapons of revenge," she
        > says. "Lawsuits are
        >
        > brought that ultimately line the pockets of lawyers
        > rather than their
        > clients. The
        > lawsuit is not the best way to achieve social
        > justice, and to think it
        > is, is a seriously flawed hypothesis. There are
        > better ways to achieve
        > social goals than
        > by going into court."
        >
        > Jones said that employment litigation is a
        > particularly fertile field
        > for this kind of abuse.
        >
        > "Seldom are employment discrimination suits in our
        > court supported by
        > direct evidence of race or sex-based animosity.
        > Instead, the courts are
        > asked to revisit petty interoffice disputes and to
        > infer invidious
        > motives from trivial comments or work-performance
        > criticism.
        > Recrimination, second-guessing and suspicion plague
        > the workplace when
        > tenuous discrimination suits are filed creating an
        > atmosphere in which many corporate defendants are
        > forced into costly
        > settlements because they simply cannot afford to
        > vindicate their
        > positions.
        >
        > "While the historical purpose of the common law was
        > to
        === message truncated ===
      Your message has been successfully submitted and would be delivered to recipients shortly.