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Mladen Vukmir

Founder and Principal, VUKMIR & ASSOCIATES

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Will we come to think that the societies ruled by law have failed their capabilities by underachieving? Is law likely to become marginal?

As in the evolution theory for many organisms complexity has not always been a comparative advantage in the fight for survival, analogously, in the context of accelerated, networked and digitized social transactions the legal system can hardly survive in its complexity deriving from thousands of years of development and growth. The fact that today we see these complexities as fundamental elements of the legal system does not change the fact that law is just an attempt to regulate ethicality in the context of social relations.

See pp. 71-152 http://www.alai-croatia.org/Zbornik_2011.pdf

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  • Sep 23 2012: Law has an intent. Protect normal society in all it's variations.
    Law today is enforced as letter of law.
    As I see it,letter of law is what enables guilty people to succeed.
    The cry of circumstantial evidence is heard every time we get one of the thieves.Due to complexities in the law-put their by thieves-a conviction is unlikely.A recovery of peoples money would seem to be a good idea for law to follow,but it does not seem to.
    Class action suits are a lawyers best friend.A payout of 100 million is after legal fees 25 million.
    Laws only work when the governed demand equal treatment of all.
    • Oct 1 2012: While I agree that current laws offer too many loopholes for those that need them least, but I don't think there is any reasonable alternative to enofrcing law by the letter. While of course each law, and law in general, has an intent, trying to follow it by intent is a dangerous path. If laws were to be enforced by intent, then it must come down to an individual's judgement over what that exact intent is. Putting the power of the law up top interpretation of intent on a case by case basis would offer even more avenues for corruption than currently exists.
      Another important point is that all that stays constant is the letter of the law. What the intent is at the creation of the law can only be recorded by the wording of the law itself. As time passes, if intent was still given priority over the letter, then it could theoretically be twisted to fit the agenda of whoever was in charge of discerning intent. A great current example is the Constitution of the US, which sparks numerous debates over intent and meaning, and has been used to enforce or block movements that certainly had no relation to the original intent of the Framers. While I personally think this is important in a broad degree of intent like the Constitution, can one imagine what it would be like if all law was open to such debate and manipulation?

      While indeed the current law system is complicated and corrupt, I think the safest solution is fixing and adjusting the letter of the law to most closely acheive the intent, that the only way to acheive "equal treatment of all" is by holding people responsible to a just, unbiased code, and not to the perceived intents of whoever created the law, as judged by another person or people.
      • Oct 1 2012: So corruption is the problem.
        What to do when the corrupt make the laws..Ballots are now easily compromised.
        Try and,as a citizen & taxpayer,get a breakdown of expenses in a government contract.
        Try & protest where you can be seen and do not step out of the "Free Speech Area" or you will be arrested.
        Did you get a bailout.Lousy management allows failure to run the markets.Now that is gone except for a select few...
        Clean Air & Clean Water Acts have been gutted.
        Water is now a 'commodity be bought,sold & owned..
        The list is endless of those making laws"taking care"of us,the taxpayers.
        I see hope all over the world demanding freedom yet I see no real progress,just regress..
        I usually am more upbeat but as of late & the carnival of clowns worldwide now,I just sigh & hang my head.
        What about my great grandchildren..That thought pops up often.
        What about yours ?

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