Tuesday, June 23, 2009
Understand the Law-2
"In tribal times, there were the medicine men. In the Middle Ages, there were the priests. Today, there are the lawyers. For every age, a group of bright boys, learned in their trade and jealous of their learning, 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, runs, after its own pattern, the civilization of the day. ... There is no separation of powers where the lawyers are concerned. There is only a concentration of all government power--in the lawyers. ... Of all the specialized skills abroad in the world today, the average man knows least about the one that affects him most--about the multitudinous things that lawyers call "The Law", Forum and Century, Vol. 103, No. 3, page 109, Sept. 1939, "The Law is the Bunk", Rodell, Fred. "Briefly, The Law is carried on in a foreign language. Not that it deals, as do medicine and mechanical engineering, with physical phenomena and instruments which need special words to describe them, simply because there are no other words. On the contrary, law deals almost exclusively with the ordinary facts and occurences of everyday business and government and living. But it deals with them in a jargon which completely baffles and befoozles the ordinary literate man who has no legal training to serve him as a trot", 110. "But try to pin down a lawyer, any lawyer, on 'jurisdiction' or 'proximate cause'; or 'equitable title'--words which he tosses off with authority and apparent familiarity and which are part of his regular stock in stock-in-trade. If he does not dismiss your question summarily with, 'You're not a lawyer; you wouldn't understand,' he will disappear into a cloud of legal jargon", 110-1. "For the lawyers' trade is a trade built entirely on words. And, so long as the lawyers carefully keep to themselves the key to what those words mean, the only way the average man can find out what is going on is to become a lawyer or, at least, to study law, himself", 111. "The legal trade, in short, is nothing but a high-class racket. It is a racket far more lucrative and more powerful and hence more dangerous than any of those minor and much-publicized rackets, such as ambulance chasing or the regular defense of known criminals, which make up only a tiny part of the law business and against which the respectable members of the bar are always making speeches and taking action. ... Furthermore, the lawyers--or at least 99.44 per cent of them--are not even aware that they are indulging in a racket. ... Like the medicine men of tribal times and the priests of the Middle Ages, they actually believe in their own nonsense. This fact, of course, makes their racket all the more insidious", 113. "If the nonlawyers ever do catch on, Lord help the lawyers", 114.
When Fred Rodell wrote this, in 1939, he was a Yale Law School professor. This shows why POTUS Obama is lost in the foreign policy and military affairs realms. He can't conceive that there are people in the world who don't care what he says, only if he is willing and capable of hurting them if they do not follow POTUS Obama's wishes. More dangerous than lawyers today are investment bankers.