-Caveat Lector-

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Forwarded from the New Paradigms Project [Not Necessarily Endorsed]:
From: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
To: undisclosed-recipients:; <undisclosed-recipients:;>
Subject: In hell there will be nothing but law, and LAWYERS
Date: Thursday, December 16, 1999 2:06 AM

The better the society, the less law there will be. In heaven
there will be no law....In hell there will be nothing but law, and
due process will be meticulously observed.i
-Grant Gilmore, Age of American Law

     That laws are made by the powerful to protect themselves is
fundamental. Lawyers who do not hire out to protect the powerstructure
have structured the laws over the centuries to provide themselves a
good living more at the expense of, rather then in defense of, those
they are pledged to protect. Once in place a social custom is hard to
change. Let us hope the emerging societies can implement the protective
aspects of law while avoiding its historic wasted social efforts.

     Law is considered complex, mysterious, and incomprehensible.
An observant Yale University law professor, Fred Rodell, has penetrated
the web of myths that protects these "defenders of our rights." He began
his book, Woe Unto You Lawyers, by comparing law to religions of
past ages,

     In tribal times, there were the medicine men. In the Middle Ages,
there were priests. Today there are the lawyers. For every age, a group
of bright boys, learned in their trade and jealous of their learning, who
blend technical competence with plain and fancy hocus-pocus to make
themselves masters of their fellow men. For every age, a pseudo-intellectual
autocracy, guarding the tricks of its trade from the uninitiated, and
running,
after its own pattern, the civilization of its day.ii

     Jerold S. Auerbach, the renowned legal scholar, makes the
same comparison,

     Law is our national religion; lawyers constitute our priesthood;
the courtroom our cathedral, where contemporary passion plays are
enacted....Five hundred years from now, when historians sift through
twentieth-century artifacts, they doubtless will have as little
comprehension of American legal piety as most Americans now
display toward medieval religious zeal.iii

Rodell adds:

     It is the lawyers who run our civilization for us-our governments,
our business, our private lives....We cannot buy a home or rent an
apartment, we cannot get married or try to get divorced, we cannot
die and leave our property to our children without calling on the lawyers
to guide us. To guide us, incidentally, through a maze of confusing
gestures and formalities that lawyers have created....The legal trade,
in short, is nothing but a high-class racket.iv

     Using age-old methods of secrecy and mystification, the legal
profession has managed to place itself between the public and many
normal functions of society. In the evolution of law, lawyers have
continually expanded time and labor to increase the tribute they
collect from the public for the common transactions of everyday life.
Their living depends on the rest of society accepting their claim to
being useful. They must themselves believe and defend that claim or
lose their moral right to compensation. Though viewed by both themselves
and the public as necessary and productive, lawyers' work is mostly
finding ways through the unnecessary maze of legal procedures developed
by their predecessors. They are made indispensable because of the
structure of law and thus many of their fees are only welfare in an honorable
manner-honorable only because, as in most distribution by wasted labor,
there is much sincere work done but little produced. Rodell again:

     The lawyers-or at least 99 44/100 per cent of them-are not even
aware that they are indulging in a racket, and would be shocked at
the very mention of the idea. Once bitten by the legal bug, they lose
all sense of perspective about what they are doing and how they are
doing it. Like the medicine men of tribal times and the priests of the
Middle Ages they actually believe in their own nonsense.v

     Law students may be more idealistic than the average. When they later
practice law, most undoubtedly believe they are protecting peoples' rights.
Yet so much of their work is unnecessary, absorbs such a large share of
their clients' wealth, and impacts society so destructively, it is hard to
maintain
the notion that one is dealing with good folks in a bad system. Lawyers'
need to protect both conscience and income prohibits them from becoming
conscious of their own redundancy.1

====================================
ABSOLUTE POWER CORRUPTS ABSOLUTELY
          DON'T VOTE FOR LAWYERS!
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Paradigms Discussion List,
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