A Quote by Bob Barr
The legal principle placing the burden of proof on accusers rather than the accused can be traced back to Second and Third Century Roman jurist, Julius Paulus Prudentissimus. Yet, this ancient concept, which forms the legal and moral cornerstone of the American judicial system, is quickly being undermined in the name of 'national security.'
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The right to a trial is a core principle of the American legal system. Depriving Americans of these essential liberties undermines the Constitution while doing nothing to strengthen our national security.
I showed that privacy was an implicit right in Jewish law, probably going back to the second or third century, when it was elaborated on in a legal way.
There was an ancient Roman lawyer, of great fame in the history of Roman jurisprudence, whom they called Cui Bono, from his having first introduced into judicial proceedings the argument, "What end or object could the party have had in the act with which he is accused."
Unlike national legal systems, there are precious few avenues to address judicial activism at the WTO. You pretty much have to gain consensus to change the agreements, or simply withdraw from the system. The first is nearly impossible, and the second would be - in the view of many - cataclysmic.
In separating out, say, legal and moral requirements, I tend to work with paradigms rather than strict divisions - eg, paradigmatically, legal requirements are jurisdictionally bound whereas ethical requirements are aspirationally universal; ethical requirements focus especially on intentions whereas legal requirements focus primarily on conduct; ethical requirements take priority over legal requirements; and so on.
There is an obligation both moral, but also legal, I believe, against a reporter disclosing something which would so severely compromise national security.
I think our legal system needs to be developed. Cases of citizens who are detained and then have to wait much too long for a trial - that is scary, for everyone. When someone commits a crime he needs to be charged quickly. Why does this take so long in many cases? I don't know. Is it because our legal system is still rudimentary? China has promised to modernize its legal system. This has high priority.
We have a legal immigration system that's outdated, it's primarily based on whether you have family members living here. In the 21st century, it has to be more of a merit-based system, and that is why our legal immigration system is in need of modernization.
Legal ethics is a misnomer ... lawyers conducting themselves legally are not necessarily conducting themselves morally ."...and ..."The zero sum nature of the legal system, combined with the universal adoption of zealotry as the marching orders of practioners and prosecutors, transforms the moral mission of the legal system from one of truth-seeking, storytelling, and justice, to one of fabrication, distortion, and manipulation in pursuit of victory. These victories, however, make us all losers.
Legality alone is no guide for a moral people. There are many things in this world that have been, or are, legal but clearly immoral. Slavery was legal. Did that make it moral? South Africa’s apartheid, Nazi persecution of Jews, and Stalinist and Maoist purges were all legal, but did that make them moral?
Being reliant on legal aid is probably inconceivable to most of us. But this is no different from other branches of the welfare state established at the same time as our legal aid system - being diagnosed with a major illness and needing the NHS, or losing a job and needing the support of social security.
The American Civil Liberties Union, has helped neutralize the Judeo-Christian underpinnings of our legal system by seeking new legal precedents.
Convergence of technology and the judicial system is the need-of-the-hour. We need to go digital and adopt online analysis of legal cases. Dissemination of legal knowledge to the common man will also a go a long way in improving the law and order situation in the country.
The Patriot Act removed major legal barriers that prevented the law enforcement, intelligence, and national defense communities from talking and coordinating their work to protect the American people and our national security.
The legal system doesn't work. Or more accurately, it doesn't work for anyone except those with the most resources. Not because the system is corrupt. I don't think our legal system (at the federal level, at least) is at all corrupt. I mean simply because the costs of our legal system are so astonishingly high that justice can practically never be done.
The legal system we have and the rule of law are far more responsible for our traditional liberties than any system of one man one vote. Any country or Government which wants to proceed towards tyranny starts to undermine legal rights and undermine the law.
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