This contribution by a guy with an apparently techie background on the slashdot.org is an excellent take on the law drafting process prevalent in the common law world .. the significant input in this article is that we follow an extremely litigation prone and unscientific process of creating law .
The question to be answered is ---do we test a statute on real or simulated situations before we slap on people ?
In India i have been privy to some information which indicates that the lawyers often follow a secret code of keeping a law ambiguous by making certain provisions vague !!
..the result is more money for lawyers ..Interpretation Process suffers from a casuality ..the hapless litigants ..
because following the hallowed principle of making a statute work( read francis bennnion ) they apply the roman and common law principles to rescue a statute from being unworkable or unjust ..but we need a few decisions of live cases before ambiguities are removed ..so why not Install another layer of testing by jurists /lawyers/ex judges before the law goes live !! the beta version .
cheers
aks
The question to be answered is ---do we test a statute on real or simulated situations before we slap on people ?
In India i have been privy to some information which indicates that the lawyers often follow a secret code of keeping a law ambiguous by making certain provisions vague !!
..the result is more money for lawyers ..Interpretation Process suffers from a casuality ..the hapless litigants ..
because following the hallowed principle of making a statute work( read francis bennnion ) they apply the roman and common law principles to rescue a statute from being unworkable or unjust ..but we need a few decisions of live cases before ambiguities are removed ..so why not Install another layer of testing by jurists /lawyers/ex judges before the law goes live !! the beta version .
cheers
aks
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