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Law

Lecture



Since time immemorial - and since Roman time, already from the past, the problem of the original origin of the Law has quite aroused minds to search and think. On the one hand, it is people who invent, develop and establish laws. As they want, then they will. Human factor.
On the other hand, a person initially, by nature, has certain needs - to feed, multiply, flow to their own good and their satisfaction is the law of nature. So, laws on private property, family, and the freedom to dispose of oneself necessarily flow from the natural essence of man. There is a "natural law".
And there is a wonderful law-making process. People choose the most intelligent and decent among themselves - and trust them to draw up laws. Lawmakers justify trust. Guided by justice, equality and the common good. And so that the Law was one and obligatory for all, regardless. Therefore, we will give Themis pharmacy scales, and we will tie up our eyes - so that we weigh the deeds on the scales of the Law, without looking and not discerning who exactly did what they are trying to do.
The spirit of the Law is clear, the letter is spelled out - for the work, comrades.
And here begins the contradictions, ineradicable in principle. Contradictions of the letter and the spirit. Not always. Not in most cases - at first, at least. But often. Regularly.
Francesca da Rimini arranged the death of his father - a monster, a rapist, an incestor - in order to save his clan from indelible shame, his father from a shameful execution, or, alternatively, himself and other possible innocent victims from undeserved suffering and death. And - the case of the local criminal case was solved. The people sobbed for pity, the executioner blew his nose, but the head of the unfortunate was cut off. Buried - the whole city in flowers. So what to do? The law must be respected. Parricide.
The law is a Procrustean bed, where a guillotine is attached on the side of the head.
Should D'Artagnan, according to the laws of honor, cause an insult to a duel? And yak. But should he, according to the laws of France, be cut off for that? Alas. He then, of course, with the help of Dumas gets out, but the heads of real duelists at Richelieu flew peas. And everyone would be against - but the Law, you know ...
I.e. Themis obviously does not see a specific person. The law serves justice and good, as it were, according to the "law of large numbers." Serves the people and the country as a whole. And in general, everything goes more or less correctly. And in particular - well, what to do, production costs. It’s better to think of nothing. Judging by the mind and conscience - so the mind and conscience are possible in the options, and only a bribe pushes the range of these options to infinity.
So: while everything is clear, while everything is clear, everything by itself, what is it going to? Half a minute more!
People do not want to put up with imperfection, and after each incident they think whether to amend the Law. And start to make. Smart. Clear. Helping and clarifying. And more and more amendments are being made. And they start partly overlapping something else. And there is something to contradict one another. Their forest grows. Legal bulletins are issued monthly. Professional lawyers ted and interpret them. Oops! - The law turns into a drawbar rotating on a hinge. A group of sophisticated lawyers for good money with the help of piles of amendments and loopholes can prove anything.
The strong and the rich again broke through the network of the Law. But it would be fine. It always happens. The network itself is confused.
And today in civilized countries we have a beautiful, humane, liberal, detailed, honed, just Law. His spirit is beautiful and his letter is written calligraphically. So what? Sentry, that's what.
Everyone knows (well, all who need) the leaders of drug cartels. They earn on the death of millions. But you can't kill them. They may laugh at the Law for decades and get around it - and they cannot be grabbed by the Law: witnesses will disappear, etc., and lawyers will always find loopholes.
For theft of a box of canned food, if at the same time you broke a plywood door in a stall, you can be ogresti in Russia for eight years. For the brutal murder, proven, you can also do for eight years.
For giving in the face you can get two years. For competently steal a million do not get anything. The creators of the pyramids robbed millions of people with impunity. But if you came with a shotgun to knock your hard-earned money out of reptiles - you will sit in a prison and sit for ten years calmly.
created: 2015-12-25
updated: 2021-03-13
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Legal psychology

Terms: Legal psychology