World is stupid: We have got our Law all wrong all along
Law intends to govern behavior of a people.
Yet, the people seldom know the laws that they are going to be judged by. How could they? If Tesla had sex with lady Madam Curie. and their children were Einstein and Hawkins and so on.. Even then, only the 10th generation of this magnificent gene pool would probably have brain large enough to comprehend the constitution in its entirety and to be able to keep in in mind at all times to actually be able to behave in accordance with the laws and by laws and in laws and exceptions.
One assumes, that the laws are based on universally understood moral principles. They probably started with simple understandings such as 'killing is bad', 'don't steal'. But the principles have mutated into a gargantuan puzzle which requires professional parselmouths (lawyers) to decode and game the puzzle.
Essentially, what two lawyers and a judge engage is in a queer game in triad of meaning making. Each employs specialised words and chosen facts to make their own arguments. It is not a game of truth seeking, it is a game of conviction played with bureaucratic levers and pulleys. The lawyer with larger access to these levers and pulleys, wins.
Effect of complexity:
1. Power to elite:
Because of complexity, justice is a costly, long and uncertain affair. More often, it is simply not worth it. Unless, you are rich or well connected. In which case, you can appoint the right powerful lawyers, expedite processes and so on. Look at it - Salman Khan, the douche, gets a bail within a few hours of sentence. Whereas poor undertrials spend years behind bars simply because they can't afford the bail amount.
Essentially, the complexity renders the system without justice. The system simply is unjust.
2. Run away from law:
Common man never goes to a police officer or to the court for help as a first resort (mostly). It is always the last resort. The natural reaction is to avoid getting involved in any activity that might involve interaction with police or judiciary. This is one of the reasons, why a human of 21st century chooses to be a bystander to injustice rather than a person who tries to stop the perpetrators of injustice.
Once you get dragged into the black hole of judiciary, say bye bye to life. Simplest of arguments can drag on for decades.
The business of law making, upholding, breaking is tragic.
Ideally speaking:
The law should be more accessible. That means, firstly it should be simpler to comprehend, to communicate, to administer and to measure.
Design Thinking:
Imagine if designers, user interface creators wrote law. Imagine if the writers of law were as passionate about 'end users' and 'user experience' as designers of the web.
We need a bit of design thinking for Law.
Strategic communications:
We need strategic communicators to communicate laws to people. People should not only be aware, but also be able to 'use' law. Right now there is only a begrudging effort at making it simply accessible. That is a bare minimum.
Forever beta:
Law should keep up with time. Digital technology can enable rapid monitoring, adoption and mutation of justice's algorithms according to actual dynamic facts of the state, not assumptions and hopes.
Open and accessible:
Law makers and law practitioners should be open to public scrutiny in most cases. and digital can allow for making transparency possible. The typical bureaucratic spam attack of burying facts under useless papers can be thwarted with efficient digital systems.
Digital can allow making redressal, filing of complaints and reviewing case facts possible remotely and efficiently. so that being a witness doesn't remain a liability.
Yet, the people seldom know the laws that they are going to be judged by. How could they? If Tesla had sex with lady Madam Curie. and their children were Einstein and Hawkins and so on.. Even then, only the 10th generation of this magnificent gene pool would probably have brain large enough to comprehend the constitution in its entirety and to be able to keep in in mind at all times to actually be able to behave in accordance with the laws and by laws and in laws and exceptions.
One assumes, that the laws are based on universally understood moral principles. They probably started with simple understandings such as 'killing is bad', 'don't steal'. But the principles have mutated into a gargantuan puzzle which requires professional parselmouths (lawyers) to decode and game the puzzle.
Essentially, what two lawyers and a judge engage is in a queer game in triad of meaning making. Each employs specialised words and chosen facts to make their own arguments. It is not a game of truth seeking, it is a game of conviction played with bureaucratic levers and pulleys. The lawyer with larger access to these levers and pulleys, wins.
Effect of complexity:
1. Power to elite:
Because of complexity, justice is a costly, long and uncertain affair. More often, it is simply not worth it. Unless, you are rich or well connected. In which case, you can appoint the right powerful lawyers, expedite processes and so on. Look at it - Salman Khan, the douche, gets a bail within a few hours of sentence. Whereas poor undertrials spend years behind bars simply because they can't afford the bail amount.
Essentially, the complexity renders the system without justice. The system simply is unjust.
2. Run away from law:
Common man never goes to a police officer or to the court for help as a first resort (mostly). It is always the last resort. The natural reaction is to avoid getting involved in any activity that might involve interaction with police or judiciary. This is one of the reasons, why a human of 21st century chooses to be a bystander to injustice rather than a person who tries to stop the perpetrators of injustice.
Once you get dragged into the black hole of judiciary, say bye bye to life. Simplest of arguments can drag on for decades.
The business of law making, upholding, breaking is tragic.
Ideally speaking:
The law should be more accessible. That means, firstly it should be simpler to comprehend, to communicate, to administer and to measure.
Design Thinking:
Imagine if designers, user interface creators wrote law. Imagine if the writers of law were as passionate about 'end users' and 'user experience' as designers of the web.
We need a bit of design thinking for Law.
Strategic communications:
We need strategic communicators to communicate laws to people. People should not only be aware, but also be able to 'use' law. Right now there is only a begrudging effort at making it simply accessible. That is a bare minimum.
Forever beta:
Law should keep up with time. Digital technology can enable rapid monitoring, adoption and mutation of justice's algorithms according to actual dynamic facts of the state, not assumptions and hopes.
Open and accessible:
Law makers and law practitioners should be open to public scrutiny in most cases. and digital can allow for making transparency possible. The typical bureaucratic spam attack of burying facts under useless papers can be thwarted with efficient digital systems.
Digital can allow making redressal, filing of complaints and reviewing case facts possible remotely and efficiently. so that being a witness doesn't remain a liability.
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