Sunday, November 6, 2011

Post-Modern Jurisprudence, or What I Learned at Traffic Court


Some of my friends never speed; more of them never get caught -- my wife, for instance. I don't often speed, but whenever I do, it seems, I get caught. But now, this year, last month, I had a life-changing experience in traffic court: From now on I will never speed, never get tickets, and never fret about insurance coverage.
Every so often, we leave the city of New York for what is called the country. In doing so, we drive a car. We shouldn't, I know, but we do because we usually bring a lot of stuff and because our idea of the country is at some remove from commuter trains and their wonderful little stations. Most of the time we take an up-hill-and-down-dale parkway that I will call here the Bucolic Parkway. It's a pretty road and one with no trucks on it bigger than monster pickups. Deer can present a serious threat on the Bucolic. Natural selection has not yet made them any more conscious of the dangers of darting into traffic than, say, our adopted little street dog. Still, I like the Bucolic and don't mind driving it, north or south. It doesn't get a lot of traffic. We listen to a well-acted audio-book or a podcast on neuroscience or the Supreme Court. The drivers who use the Bucolic seem to be sober middle-aged types in no great hurry and with no inclination that I can detect to road rage. (This is a huge relief to anyone who has ever survived the West Side Highway, where everyone of either sex seems to be drunk on testosterone and where no one passes in the left lane when they can careen in front of you from the right.)
Three months ago, in my former driving life, I was caught, I confess, going 73 miles-per-hour on the Bucolic; not such a big deal, you may say. Trouble was, I had gotten another ticket -- a big one -- two and a half years before. It was on the madcap West Side Highway, in fact, under the cliffs below the George Washington Bridge, where it changes its name to Henry Hudson Parkway. I had made it a religion at that point to never go much beyond the posted speed limit, wanting to keep my insurers content with my overall driving record. But in trying to survive the general rush to the north, I had completely missed the several signs saying 35 miles-per-hour on this one little curving stretch. The ticket that time, from a grim, booted city policeman, was for $280. I paid it, grudgingly, after dithering with a friend about whether or not to go to court in hopes of a knockdown to a lesser offense. Then, a month or two later, I got a bill from the State of New York for a "responsibility fee" of $300; this was for going more than 20 miles per hour above the posted limit of 35. I paid that, too, but now my grudge was deeper and stronger.
More than two years passed. Then this fall, driving alone on the Bucolic, I lost my dutiful concentration going down a hill. Before I knew it, there was a cop behind me with his lights flashing and his siren whining. "Oh, no," I thought. "My insurance company won't like this. It's not yet three years!"
The young policeman was nice about it, once we got to talking, but he still issued the ticket.
"How fast were you going?" he asked me.
I didn't want to say that I always tried to go 10 miles above the limit -- that would be an outright confession. "Uh, I try to stay with the flow of traffic," I offered.
"The laser had you at 73," he said. I thought of the responsibility fee and sighed with inward relief; at least I wasn't 20 beyond the limit, only 18. "Did you use cruise control?" he asked.
"I think so," I said.
"Sometimes on the hills," he explained, "it shoots you up with the RPMs and..." Hmm... perhaps I had been speeding unintentionally, involuntarily! He had planted a little seed of rationalization that grew over the next few weeks as I sent in the ticket with my plea of not guilty.
I then went online to find out when exactly it was that I had been caught the last time. Once I learned the date of that last, mighty ticket, I decided that not only would I make sure to go to the hearing, but I would also try to postpone the date at which I would be found guilty -- and thus the date at which my insurance company would date my conviction. With a little luck, I could reach the three-year point, whatever the fine. So I appealed to the clerk, twice, for delays of my appearance.
Then came my fateful court date. Here's how it went: I got off the Bucolic on a very snowy afternoon, coming to a stop at a desolate corner with nothing in sight except a big aluminum-sided warehouse facing me from across the little road. It looked like a depot for sand and salt: huge and cavernous, more or less new, with only a parking lot surrounding it, and nothing else in sight -- certainly no town to justify the notion of a municipality or a court. Kafka for the parkway, I thought. A sign across the way said, with eloquent concision, "Court." I drove into the lot, parked my car, got out and walked around to the front door, hearing loud Muzak at the back of the building. I entered a large room with rows of chairs, as if for a struggling fundamentalist congregation. Up front, where you might expect an altar, there is a shiny, wooden construction behind which sits the judge, ancient looking, sunken in his robe, bald, decrepit, red-faced -- in short, straight out of Dickens: a guttered-out Christmas candle. Next to him, to his right, the slightly less ancient clerk, a thin woman -- tidy, trim, alert, firmly coiffed, plainly in control.
As I entered, I saw that they both had the same last name -- the judge and his wife (or sister), presiding.
Various slovenly men in suits smiled at me as I entered -- lawyers all, I soon learned, hoping for instant business. A very pretty young cop in a black, vaguely Mussolini-esque outfit greeted me with a smile and lots of paper. I signed in, choosing "defendant" rather than "attorney" for my identity -- the only two choices in this particular gathering. The seats accommodated a handful of other defendants -- not a crowd but, at $200 or $300 a head, enough to keep the municipality running for a few days at a time. Nearly all of these defendants seemed to be working to suppress ironic, utterly unguilty smirks. I sat by a woman who wanted to talk while her husband spoke with one of the two male cops. I had already noticed how each of the cops kept busy going back and forth among small side rooms and the judge's "bar" (which, come to think of it, had no bar but looked more than anything else like a counter at a new but austere, rural pub).
I am not sure what the lawyers were doing, but they gave and received lots of greetings -- with the judge, the cops and us, the defendants. The woman behind me said -- a little too loudly -- that the lawyers were thieves and this was a farce. "My husband was clocked at 77," she told me, "but there's no way he was doing that. His whole family are cops. And my brother-in-law's a lawyer, but they're all out on Long Island, so a lot of good it does."
Reassured that I wasn't the worst criminal in the courtroom, I waited to hear from her much more taciturn husband. He lumbered back from the cop, and the judge and the clerk herself to report with a little smile, "disregarding signs." Now I knew I had come to the right place. This was definitely the sort of crime I could get enthusiastic about having committed.
My turn came when the young cop who had stopped me called out my name and waved me towards his particular cubicle. I made sure to keep my eyes locked innocently on his, telling him that he had been helpful when he pulled my over because he had offered the explanation that the fault was not in me, but in my my cruise control. He seemed to like this line of discussion -- as I knew from our first meeting -- and set about telling the story once again but at greater length: "Yeah, it's a hill... the cruise revs up the RPMs... the car can't do anything but speed up... and it's downhill so it goes way to fast with all those RPMs... I pull 'em right over." I nodded eagerly like any good student confronted with an exculpating theory that he has never dreamt of before. The cop looked at the paper when I mentioned the day of the arrest. "Hmm, 1:58... early on my shift... You were my first that day." Then he paused. "Mmm, 73..." He looked up at me with a smile. "You are the slowest one of all that day. Early in the shift..." I took this to mean that early in the shift he takes any paltry little fish that his laser can hook. "I'll mark this one down to parking." I nodded, trying to suppress my inward giggle: I hadn't even managed to "disregard signage," but had only stopped somehow where I wasn't supposed to -- going over 70! This is the law as an ingenious, physics-defying wonder, re-imagining the world with some serious post-Einsteinian quirks.
I went before the judge, who mumbled I am not sure what. The cop spoke clearly, but incomprehensibly of sections of the New York State statutes. I looked up at the cartooned seal and wondered why the motto was "Excelsior." The judged mumbled some more and looked to me for commentary. I said, "Yes, your honor." The policeman nodded good afternoon to me. The judge handed a pink sheet to his wife, who seemed to know exactly what we were all doing, namely, I thought -- putting one over on the universe and its notions of justice.
I sat down again, this time next to someone named Bloomberg, who had not been found guilty of parking on the Taconic, but of "disregarding signage." She was suitably disconsolate -- perhaps envious of me as an unruly parker. The good clerk called out my name after Bloomberg's. I went up and, as instructed, wrote out a check for $125. The clerk did not look up. Unlike her near relation, I assumed, she was not prepared to let the section headings confound her sense of justice. Unable, from her seat, to look down at me and my ilk, she did the next best thing, which was to speak to us peremptorily and without a glance. Or perhaps she was merely thinking that you'd have to be a real fool to park on a parkway where most people seemed to be going pretty fast.

Legal services and legal maintenance


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Jurisprudence - a great and important science of all times and the people.


Jurisprudence - a great and important science of all times and the people. Each law is accepted in the order established by the law, the society uses these laws, observes them, breaks. But very few people asks a question, on how the jurisprudence throughout the period in general was under construction and developed from the moment of state occurrence. Many at all don't represent, what way there has passed jurisprudence to reach a today's condition: that the society could live in a lawful state.
Choosing a theme for a term paper writing "jurisprudence History", first of all, it is necessary to be guided by its urgency: the huge importance of jurisprudence, both during the various historical periods, and in today's conditions. Meanwhile, despite the huge importance of the designated subjects, research to areas of history of jurisprudence weren't spent almost.
At research of evolution of jurisprudence the accurate periodization, first of all, is necessary. It allows to organize, structure a large quantity of the collected historical heritage better. In this connection the given term paper should be designed on the historical periods. Scientific value of such periodization the essential. After all the periodization assumes correlation of the legal theory with a historical epoch, allows to reveal the basic ideas characteristic for this or that period. It is the first and important step to research and giving of intelligent character of the studied material on jurisprudence stories, for the given work.
The jurisprudence in the course of the formation and development has passed a long way in which process its status changed. She endured the periods of launches and falling. During the periods of blossoming the science becomes the right, during the periods of falling it takes a modest place of a source of the right. It is obviously important to address to the nature and essence of jurisprudence which causes its big role in society life.
In connection with the above-stated, it is necessary to define the purpose of the given work: to spend research work to areas of history of jurisprudence in which course to define sequence and stages of development of jurisprudence from its occurrence and up to now.
On the basis of the aims laid down for given work, it is necessary to designate and research problems:
To open concept and value of jurisprudence, as jurisprudence;
To carry out the analysis of historical development of jurisprudence in the Russian state;
To designate the positive and problem parties of jurisprudence in the course of its existence;
To specify possible ways of the decision of the revealed problems.

Tuesday, October 18, 2011

The lawyer from Ukraine has offered hundred thousand euro for the bible text about sanctity of Sunday

Unique possibility is given priests not only to confirm legitimacy of celebrating of Sunday, but also to receive hundred thousand euro in an award for the bible basis of sanctity of Sunday.
Nikolay Gunko, the lawyer and the public figure from Ukraine, has offered the priests, correcting service on revivals in temples, to confirm sanctity of Sunday with the Scriptus text. To involve in research большее number of priests, he has promised to pay compensation for the found bible text in the sum of hundred thousand euro.
Daily research of the Scriptus during which time he has never met neither in Shabby, nor in the text New testament about sanctity of the Sunday, the first day of week became an occasion to such statement as Nikolay confirms.
«If the Bible speaks only about sanctity of Saturday if God names Saturday in the afternoon Dominical, sacred and celebrated why the people considering with Christians, celebrate Sunday - the day, which God never consecrated?» – he asks. «Many give reason for sanctity of Sunday that fact that they, thus, esteem revival of the Lord. Really, Jesus has revived in the first day of week, but He hasn't told святить this day», – Nikolay underlines.

It is necessary to notice that Nikolay Gunko isn't the unique person in the Christian world, the brought up question of absence of bible acknowledgement of sanctity of Sunday.
Catholic cardinal James Gibbons in the book «Belief of our fathers» has written: «you can read the Bible from Life before Revelation, and won't find any line which would confirm consecration of Sunday. The Scriptus obliges to religious observance of Saturday. If you want to observe the Bible doctrine, worship on Saturday. But the Church says that the tradition costs above the Bible, and we have established revival. We have changed day according to authority of Church».
If objectively to consider the problem a centuries-old collision about a bottom Dominical becomes obvious that on the Laodikijsky Cathedral the theological error has really been admitted – authors of transferring of day Gospodnja since Saturday on Sunday have lost sight of that fact that this decision wasn't based on the new treasured books of the Scriptus collected in a canon on the same Cathedral.
The question is really very important, considering that fact that the Pervoapostolsky Church observed Saturday. Joseph Flavy writes: «There is no эллинского or the barbarous city, any such nation where the custom wouldn't get to have a rest in the seventh day!» (M’Clatchie, Notes and Queries on China and Japan, edited by Dennys, Vol. 4, Nos. 7, 8, p. 100).
Dominical to be told about the relation of early Christians to Saturday the following: «the First Christians tested great awe of Saturday and spent day in worship and sermons. And, no doubt, they took it from Apostles that written certificates on this question» (Dialogues on the Lord’s Day, p confirm some. 189. London: 1701, by Dr. Т. Н Morer, a Churcli of England divine).
«Saturday represented strong bonds which have united them with life of all people, and in observance of sacred Saturday they followed not only to an example, but also and Jesus precept» (Geschichte des Sonntags, pp. 13, 14). «The seventh day, Saturday, was solemnly marked by the Christ, Apostles, simple Christians to the Laodikijsky cathedral which has abolished it» (Dissertation on the Lord’s Day, pp. 33, 34, 44).
Nikolay Gunko – the author of many реформационных articles on religious subjects, such as «New testament Easter – bread and wine or an Easter cake with крашенками?», «the Christening – кропление, douche or immersing?», «a Trinity true and false», «the Virgin – maiden Maria or the tsarina heavenly?», whether «there is a life after death?», «icons – a debatable question in the Christian world».



Aphorisms of lawyers



* the Trade of the lawyer consists in that all to call into question with what to disagree and to speak endlessly.

T.Jefferson

* In legal issues it is necessary to address not to common sense, and to lawyers.

      Robert Lembke

 * If business isn't glued, it sew.

  * Council of the lawyer: take people a word assured by the signature and the press.

  * to Win process - not the main thing, main - not to lose.

  * If it will not be proved opposite, everyone is considered fair.

  * each good income item has a bad number in УК.

  * Make the legal body easier, and physical to you will be pulled.

  * practice of their application Is more senior laws in Russia only.

  * the Fate smiles to the one who isn't noticed by a Themis.

  * If truth against you, turn to it a back, and it will be for you.

 * don't search for malicious intention that quite explainably nonsense.

  * don't search for excuses, they should be at hand!

  * There are two types of lawyers: those who knows the law and those who knows the judge.

  * don't allow the facts to mislead you.

  * That for one error, for another - the initial data for the statement of claim.

  * the Jury of jurymen is a concourse of the people collected together with one purpose - to define, what party has employed the best lawyer.

 * And the limited clients can have unlimited possibilities.

 * If you don't have previous conviction, it not your advantage, and our defect (a judicial saying).

  * the Legal department of business concern is a department on struggle against the legislation.

  * In a primitive society there was an interdiction for murders and a cannibalism. Broken the law killed and ate.

  * The it is less in the legality state, the it is more in it than lawyers.


Thursday, October 13, 2011

The world court over fascism

Robert Jackson in a speech for the prosecution on the Nuremberg process has declared: «If you tell that these people are innocent, it all the same what to tell that there was no war, isn't present killed, there was no crime». Lessons of the International military court which has condemned a Hitlerite mode in war crimes, crimes against the world, humanity, render a great influence and on modern history.

The Nuremberg process has begun at ten o'clock on November, 20th, 1945, and has terminated in announcement of last sentence on October, 1st, 1946. To court the higher state and military figures of fascist Germany have been betrayed. Against the world and humanity (murder of prisoners of war and cruel treatment of them, murder of civilians and cruel treatment of it, plunder public and a private property, an establishment of system of a slave labor, etc.), accusation in drawing up and realization of plot has been brought with fulfillment тягчайших war crimes to all of them. All defendants, except Mine, Friche and Papena, have been recognized by guilty of the shown charges and are sentenced:
To the death penalty through hanging (Goering, Ribbentrop, Kejtel, Kaltenbrunner, Rosenberg, Frank, the Freak, Shtrajher, Zaukel, Zejss-Inkvart, Borman and the Yodel);
To lifelong term (Gess, Funka and Reder);
By 20 years of imprisonment (Shirah and Shpeer, have served time punishments, are released in 1966);
By 15 years of imprisonment (Nejrat, is released in 1953 conditionally-ahead of schedule in view of poor health);
By 10 years of imprisonment (Dennits, has left completely).

The bill of particulars which has laid down in a process basis, causes to this day set of disagreements and different interpretations. Despite a large quantity of witnesses both the process, and all adjacent procedures with it, authentically to establish the facts which of the bill of particulars have been withdrawn, it is impossible. In particular, it is considered the most interesting an exception of charge of refusal of the German party in political interest concerning Bessarabia. According to the sources, the specified refusal could provoke the a little actually occurred events, which образовывают structure of responsible crimes. However, in our opinion, the evidentiary base of refusal is based exclusively on the unique document – the Nonaggression pact between Germany and Soviet Union. Article 4 of the specified document says:« Any of Contracting parties won't participate in any grouping of powers which is expressly or by implication directed against other party ». Thus, the fact of interest or refusal of interest subjects to serious doubt the given article.
Meanwhile it is authentically known that the Nonaggression pact signed 8/23/1934 between Germany and the USSR has been published in the newspaper of "News" of 9/24/1939 not in full. Keeping in the strict secret during the Nuremberg process the additional report to the Nonaggression pact in item 3 says: «Concerning the southeast of Europe from the Soviet party interest of the USSR to Bessarabia is underlined. From the German party it is declared its full political disinterest in these areas». As well as the Nonaggression pact, the report have been signed by Molotovym from the USSR and Ribbentropom from Germany.
One more Soviet-German contract (from 9/28/1939) has been made in two parts: to the public, all interested persons presented later and officially published, and confidential which consists of three independent documents signed in one day with the contract:

The confidential report;
The confidential additional report on amendments to the report from 23.08.1939;
The confidential additional report on a non-admission of the Polish propaganda.
The essence of is confidential-confidential reports is reduced to the following:

1. Between Germany and the USSR was established migratory каминаут (that is unobstructed resettlement to Germany from the USSR and on the contrary).
2. Bilateral refusal in the admission of the Polish propaganda on territories of Germany and the USSR was established: «Both Parties won't suppose any Polish propaganda mentioning territory of other party in the territories. They will suppress all sources of similar propaganda in the territories and to inform each other on the measures undertaken with that end in view». But the international documents covered mutual disagreements to lull vigilance of the opponent. Two years later Germany will publish the Instruction № 21 («the Plan Barbarossa») in which preamble will specify: «the German armed forces should be ready to break the Soviet Russia during short-term campaign still before war against England» will be finished. And slogans will be published in the USSR like:« Brothers and sisters, Muscovites! Know – you not one. All Soviet people with you. It with great anger has risen on protection of the Native land, the happiness, the honor. It, its nice heroic Red Army will smash a head to a nasty fascist reptile "("Truth» from 10/26/1941).

Surprises approach level to concept "confidentially", not allowed to publish in litigation manufacture a shadow part of agreements between the countries in which real intentions and real relations were specified. These additional reports directly contradicted the basic contracts and agreements, were closed and represent the greatest interest with a view of studying of true motives of an unbinding of the Second World War. Now, having got access to "confidential" and "confidential" materials, it is possible to draw a conclusion: the military court of Nuremberg had huge value. As a result of process of about a year the true has been established, guilty – are punished. Having taken out a verdict of guilty to the main nazi criminals, the tribunal recognized aggression тягчайшим as a crime of the international character. The Nuremberg process sometimes name history Court as it has made essential impact on definitive defeat of nazism, its recognition especially grave crime and has brought it in the field of international criminally-legal relations. For today as participants of the International criminal court Germany has signed and ratified the Roman statute of 1998, and Russia, правопреемница the USSR, has signed, but didn't ratify. Accordingly, jurisdiction of the given court concerning Russians and the crimes made in territory of Russia, – special, from a country permission.
Undoubtedly, value of the International criminal court highly. The history problem unique – not to admit repetition of errors, not to get again to a situation when crime event is available when in the statistical data catastrophic figures – 55 million the victims who have suffered are specified, missing persons, 11 million the Jews sentenced to death, – and proofs is insignificant a little. Only joint efforts, authority of the governments of all countries it is possible to establish the truth close to true as it has been made in the Nuremberg process.



Modern jurisprudence


Juridical education

In the XX-th century in the developed countries of Western Europe, the North America and a number of other countries juridical education has extended extremely widely and became as though traditional. It is connected with the increased role of legal regulation of public relations in the modern states. Some reduction of number of law students was observed after the Second World War termination, however from the middle of 1950th years it has again considerably increased.
As a rule, in all countries there are faculties of law at universities, and also separate law schools where prepare shots for various links of the government, lawyers. However juridical education isn't unified till now and in each country is constructed on the. For example, in France after events of 1968 division of universities into faculties is cancelled, a number of the specialized educational centers (on the basis of the Parisian university — 13 educational centers, including 6 — legal specialities) instead is created.
In the USA, Great Britain, Germany and other countries the diploma of the lawyer grants the right to occupy purely legal posts and to work on a number of adjacent trades, but for work as the lawyer, in Office of Public Prosecutor, on some posts of machinery of state additional vocational training often is required. In France for employment of a judicial post or work as the lawyer it is necessary, having the diploma, to pass additional examinations and to receive one more diploma (the so-called qualifying certificate). In the Scandinavian countries, in Latin America of the diploma about juridical education, as a rule, it is enough for employment of any legal posts.

Juridical education is divided on some educational cycles. In the USA, Great Britain, Mexico and other countries 1st cycle lasts 3 years and ended degree of the bachelor of the right, 2nd cycle — 1 year (graduates get degree of the master of the driver's license) is awarded. At some universities there is 3rd cycle providing raised scientific preparation after which degree of the Doctor of Law) is appropriated. Juridical education includes two biennial cycles In France: the general preparation (upon termination of the diploma stands out) and specialization (the rank of the licentiate of the right is appropriated). The rank of the Doctor of Law is awarded ended an additional cycle of the raised level and written the dissertation.
In Europe association of national systems of the higher formation in a uniform zone (Bolonsky process) that influences including the juridical education organization in the countries entering into this zone (including Russia) recently is observed.
Graduates of the American faculties of law (the most prestigious in the world) 2009, according to the press, have serious problems with employment in connection with world financial crisis.