The people's voice of reason
The people's voice of reason
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This column continues the discussion of the economics of law practice. It is the fourth in a series. First, we described the strong ties between law and economics. We pointed out that because the practice of law is a business, the economic motivation of the lawyers handling the litigation can actually make the legal system less efficient for conflict resolution. Quick resolution of legal disputes does not promote the economic interest of the law business. Defense lawyers who charge hourly rates...
The increase of accusations by the African-American or black community that white police officers disproportionately target black residents has become the focus of recent and current nation-wide protests – both violent and non-violent. News media coverage of the choking death of an unarmed black man, Eric Garner, during an arrest by New York City police officers followed by the shooting death of a young unarmed 18 year-old black man, Michael Brown, by a white patrol officer in Ferguson, M...
In last month’s column we pointed out that the economics of law practice can actually impede the ability of the legal system to efficiently resolve disputes. In future columns we will discuss in depth the economic motivations of both defense lawyers and plaintiff lawyers that contribute to the problem. Before launching into those specifics, however, we need to have a broad general understanding of the relationship of economics and law in the resolution of disputes. The relationship between law a...
In our preceding article we introduced the current series dealing with law, economics and the economics of law practice. Several upcoming articles will deal with the economics of law practice. In order to understand some of the problems associated with the economics of law practice it will be necessary to explain and understand certain dynamics about the nature of law. In 1913, an East European legal philosopher named Eugen Ehrlich, in his book Fundamental Principles of the Sociology of Law,...
Everyone is probably aware of the strong ties that exist between law and economics. Both law and economics are social systems. Every member of society necessarily participates in both systems. It might be more accurate to say that both law and economics are sub-systems within the total framework of society. The two systems - law and economics – are supported by differing motivational forces, and to some extent, exist independently of each other as systems. Human motivation is always complex. A...
Several of my recent columns have been devoted to concerns about the impact of cultural differences on law. Those columns have recognized that the legal system, as it existed, particularly in the South, was a factor in our creating different cultural systems based on race. Unfortunately, the legal system itself discouraged black participation. The exclusion of blacks from the system and mistreatment of blacks by the system resulted in lack of support for the legal system in the black culture....
In the last several articles I have dealt with issues of law and race from a different and unique view point. In the background of all of the articles is consideration of cultural systems. I have noted that the 400 years of slavery and segregation that existed in the United States produced a unique black culture. One aspect of that culture has been the strained relationship between the black culture and the legal system. The legal system obviously originated in Europe-not Africa....
In the past several columns we have discussed problems with the criminal justice system and incarceration. Our exploration of problems concerning the corrections system concluded with a discussion of the fact that 400 years of slavery and segregation created a cultural system that understandably put distance between itself and the legal system. We pointed out that a self-help system evolved and that street justice in a self-help cultural system may be one of the causes for disproportionate...
In last month’s column we discussed how cultural differences impact the criminal justice system. Four hundred years of slavery and segregation created a cultural system in our black communities. That system did not disappear just because the legal system was finally corrected to treat all persons equally. The cultural system that evolved appears to still have notable influence in many areas. As we pointed out, its “self-help” enforcement system is a factor in the higher rate of incar...
In the past couple of articles we have discussed the alarming increase in the rate of incarceration. We have pointed to the fact that an increase in the rate of incarceration signifies that criminal law is not working very well. Ironically, the criminal justice system seems to take pride in the number of cases processed, and the number of convictions. But law works well when people obey the law. Now we turn to an alarming demographic fact about incarceration in these United States. The rate of...
In past articles we have discussed the breakdown of the family and the impact of family breakdown on moral formation. We suggested that inadequate moral formation is the root cause of crime. We suggested the possibility that the breakdown of the family and damage to its role in moral formation has contributed to the escalating rate of incarceration. We have also discussed the important role that the peer group plays in moral formation and the fact that usually the “peer group” is found in church...
The tremendous increase in the rate of incarceration that has occurred over the past forty years or so strongly indicates more crimes are happening. Our next few columns we will explore some of the implications. In an earlier column we pointed out that there is no “cause” for crime. There is a cause for proper behavior. The cause for proper behavior is adequate moral formation. We also pointed out that the traditional family was the beginning point of moral formation and that the breakdown of...
Family is the basic economic unit of our culture. Earlier columns have examined the breakdown of family and problems related to assignment of family disputes to an adversarial judicial system. Problems related to child and spousal support epitomize the unanticipated difficulties of the transition to no-fault divorce administered by an adversarial judicial system. The traditional family was the ultimate consumer. Food, clothing, housing, transportation, and all of the basic requirements for life...
Twentieth century psychology correctly identified the sources of moral formation. Sigmund Freud, Erik Erikson, Jean Piaget, Lawrence Kohlberg and others showed that moral formation occurs in stages of development. Internalization of the commands and images of the parents plays a strong and vital role in moral formation. Traditional family was the first template for moral formation. Earlier in history, “conscience” was believed to be an inherent part of human nature—something humans are born...
Last month, I described the meltdown of family that resulted from our nation’s movement from an agrarian, small town economy to a technological economy. Men and women have more contact with members of the opposite sex who are not their spouses than with their spouses. The Nineteen Sixties marked the pivotal change. The judicial system and the legal profession were not designed to solve the problems of the disintegration of marriage and family. Nursery Rhymes teach us a lot. Humpty Dumpty sat o...
Family is the primal unit of society. Men and women have always met and produced off-spring. Successful marriages conserved the energy necessary for human advancement. Maslow identified sex as a basic need. It is packed with motive force. Freud called the driving force that pushes humans into action libidinal energy. Although libidinal energy is associated with sex, it can be redirected for other creative effort. When marriage works, sex needs of both partners are met, without spending energy...
