MerriweatherAdelaide, South Australia Australia11,403 posts
gsmonks: Not really. It is built into the law to treat people differently, depending upon their station. Laws routinely discriminate against certain segments of society, such as the poor.
Take family law, for example. Where custody of children is concerned, women are given preference. That's entrenched right in the law. No level playing-field there.
You can't make the law treat people equally because who a person is is taken into account as a matter of course. The law is and always has been skewed in terms of class, politics and money.
I think we still have a long way to go before equality within the law is stable.
gsmonks: I have to respectfully disagree about becoming a member of the bourgeoisie. The bourgeoisie are the largest body of consumers within the general public, and consumerism is the most destructive force on the face of the planet.
Wow. With hurricanes, tornados, revolutions, religion, atomic bombs, draught, famine, disease, earthquakes, tsunamis, overcrowding, etc. etc. etc., you've isolated "consumerism" as the most destructive force on the face of the planet?
jpunk: NO, of course law isn't equal for all !!! Governments are run by the banks and the multi-national corporations...law has never been about stopping crime, law is enforced to keep social control, to keep the general public in their place...and to keep the rich ruling the world's counties with an iron fist...that's all it's there for to keep the rich rich and to keep the poor poor
Judges and magistrates are not appointed by the government. They do not even have to be lawyers.
Whatever government is in place, the Statutes are still there, and are followed.
I dont know where you get your info from that the government controls the legal system.
AlbertaghostCultural Wasteland, Alberta Canada5,914 posts
gsmonks: That sounds very nice in theory, but in practice that's not how it works at all.
Laws in Canada and the US have a built-in class bias.
In the starkest possible terms, let's look at the way a poor street person with an addiction is treated by the police and the courts vs a cop, judge or lawyer with the same problem.
That is the way the law is applied, not the law itself.
Similarly, an argument could be made that a 9/16th inch box end wrench has a built in bias to serve a rich guy far with far more timely quality than a guy who, to the mechanic, has a history of not paying his bills and therefore, he is unlikely to do his best with any priority enthusiasm.
Once again, it is no fault of the wrench's but rather the way it is applied and by whom.
gsmonks: Laws in Canada and the US have a built-in class bias.
Can you quote some broad examples of laws that have this 'built in class bias' please as I don't believe any exist.
Albertaghost: That is the way the law is applied, not the law itself.
Once again, it is no fault of the wrench's but rather the way it is applied and by whom. Can you quote some broad examples of laws that have this 'built in class bias' please as I don't believe any exist.
Yes the equitable doctrine of proprietary estoppel clearly favours the rich. As do most equitable remedies and doctrines.
gardenhackle: Everything is a business. Just because people do something for a living and just because it's a business, you can't honestly assert that this alone makes it some sort of scam on you. First time someone's actions cause actionable damage to you or your property, you'll be looking for a lawyer and you won't be giving them any crap about what they do for a living, I'll wager.
Yes pro bono because criminal law which makes up one eight of what a lawyer can specialise in is the poorest paid. The real money is in corporate, contract or property law. Secondly I am a lawyer and you mention doctors however everyone is entitled to health insurance, a doctor can't refuse to treat you if you have it. However free legal aid (in Ireland anyway) only applies to criminal defence law which as I said makes up one eight of Law in EU probably one seventh in the US. Most laws are only available to the rich hence most people have never heard of them, they assume it's all court room battles cos of the TV.
Albertaghost: And that is hardly part of the motor traffic act or whatever as it merely a term to describe some legal doctrines and is certainly not a law.
We seem to be still searching for these laws that are not equal for all.
Yes it is a law. Who's bothered with the motor traffic act??? That's really really dumbed down basic plank thick law. Motor traffic act is a statutory instrument passed by parliament. In a common law system where a previous case has been decided, it's outcome is deemed to be part of law and therefore subsequent court cases will be decided on this basis. Not alone laws passed by the parliament.
I dont believe the law is equal..if I were to be cought red handed stealing from folk for yrs on end then I would be charged for the offence and jailed..our politicians were caught commiting the same offence for many years and what did they get..a slap on the wrists
AlbertaghostCultural Wasteland, Alberta Canada5,914 posts
godeas69: Yes it is a law. Who's bothered with the motor traffic act??? That's really really dumbed down basic plank thick law. Motor traffic act is a statutory instrument passed by parliament. In a common law system where a previous case has been decided, it's outcome is deemed to be part of law and therefore subsequent court cases will be decided on this basis. Not alone laws passed by the parliament.
I used it as an example as you did not provide a law. For example, it being illegal to exceed the posted speed limit is not prejudicial to some but not others, it is illegal to exceed the posted speed limit no matter if a rich man or poor is committing the offense.
How the law is applied is what the problem is, not the laws themselves.
carlosweb10: Are laws applied in the same way for all?
Congress gets treated a lot better than the common people. For instance ObamaCare was for the people but it did not apply to Congress. Same goes for retirement and perks.
Albertaghost: I know of no law that does any of the above. Can you provide these laws so that we can see them?
I cant speak to Canada's laws but in the USA OUR CONGRESS !
writes laws everyday to make the members of congress & there families better than the rest of us ! there family members don't even have to repay there student loans ! there healthcare is FAR superior to the Citizens. You get the idea.
Elmorya: The Creator in His Infinite Wisdom knew that this question would arise - so He created an Universal Law, Karma, which everyone, Rich, Poor, Famous, Infamous is subject to! Western translation - For every action, there is an equal & opposite reaction! Justice prevails!
drbombay: It supposed to be but no way in hell is it for I dealt with it first hand and anyone who believes it is-I have several bridges in NYC for sale....
Young Man ! I have been over the bridges you refer to, I wouldn't buy them with YOUR money ! much less mine !
gardenhackle: LOL... No, I wasn't in Nam but I served from '77 through 82 in the Army and the old-timers did what they could to help expand our vocabularies properly.
drbombay: By the by I was kidding with you the other day & responded but apparently you were gone. I have to disagree generally speaking from my experience not only as a cop but in personal life-majority of criminal & divorce attorneys that are established are bottom feeders and I equate them with car salespeople...
godeas69: Yes pro bono because criminal law which makes up one eight of what a lawyer can specialise in is the poorest paid. The real money is in corporate, contract or property law. Secondly I am a lawyer and you mention doctors however everyone is entitled to health insurance, a doctor can't refuse to treat you if you have it. However free legal aid (in Ireland anyway) only applies to criminal defence law which as I said makes up one eight of Law in EU probably one seventh in the US. Most laws are only available to the rich hence most people have never heard of them, they assume it's all court room battles cos of the TV.
Pro bono in the U.S. applies to all categories. Most cases in the U.S. are settled rather then go through a court room trial.
Gardenhackel is right in that we complain about the police, lawyers, doctors and the like. When someone needs a police officer they want them there right that minute and yet tomorrow when they see on the news that it took 3 minutes for the police to get to a scene, they'll complain.
I was a legal assistant for 16 years to an attorney who defended lawyers who didn't get the judgement that lawyer's client wanted. So if you sue someone and you don't like the way it turned out, if you can prove that there was malpractice, you can sue the lawyer who worked on that case. Doesn't seem fair. That kind of practice isn't well known because it's a specialty. And let me tell you, it's very difficult to defend another attorney because they know the law and question you on every little thing.
menu2: I thought state's governmet control they're legal system of law's?
Yes, here in the States the laws CAN vary between states. However, the basic, intrinsic rules of the land - the Federal laws remain the same. What you can do, what you cannot. The punishments may vary according to state, I agree.
That is the system you guys set up!
In England, Ireland and many other countries, one rule reigns.
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Take family law, for example. Where custody of children is concerned, women are given preference. That's entrenched right in the law. No level playing-field there.
You can't make the law treat people equally because who a person is is taken into account as a matter of course. The law is and always has been skewed in terms of class, politics and money.
I think we still have a long way to go before equality within the law is stable.