Comments: Keeping the Law Up to Date
The article reads, “Even as government enacts reforms to address changing ethics and morality, society continues to evolve dynamically, making it necessary to reform laws constantly.” Who knew ethics and morality change? Could be an individual’s opinion of what is required by ethical duty or moral duty changes. It could be that similar changes occur in the opinions of many individuals. Such changes could arise due to environmental changes beyond the individuals’ control. It could be that different people with different opinions of ethical duty or moral duty come to occupy the same legal jurisdiction. It could be that old rules get changed and new rules get made because of changes within the group with the ability to make legal rules or the group with the ability to influence those with the ability to make legal rules.
The article reads, “…new situations may arise that are not dealt with by any existing law.” What is the speed limit on the moon?
The article reads, “As our court system is stretched to the limit,….” What does this mean? Does it mean time to trial is too long? If so it is because there are not enough judges. Judges are paid only around $100,000 to $200,000 per year. Simply use tax dollars to hire more judges rather than using the tax dollars for other things. Who can think of some purposes tax dollars are currently used for that are not as important as eliminating backlog in the court system? Another possible reason for delay is that there are too few lawyers and they are busy. As a lawyer who once passed an economics course, I would suggest that nothing be done about that. Cha-ching!
The article reads, “… other, less formal ways may help people settle their disputes.” For example, there is now small claims court in Manitoba for certain types of claims for a dollar value under a specified amount. There are also less legalistic ways that we will consider in this course.
The article reads, “Government legal experts are constantly examining our laws, looking for ways to improve them.” Canada has the privilege of a large and well-paid government bureaucracy. Many of these bureaucrats have substantial subject matter expertise. For example, the average politician would know little about the habits of the Burrowing Owl, but somewhere in a government department office cubicle sits the Canadian expert on the Burrowing Owl. Sometimes the government will ask that person’s opinion when considering a law about Burrowing Owls. Sometimes that person will have learned, possibly through good research, that a law affecting Burrowing Owls is desirable. If so, that person and their department may move the government to make such a law. Another article, titled, Where Our Legal System Comes From” had a sub-section titled “Parliament”, reading, “To solve this problem, Parliament, provincial and territorial legislatures often pass general laws delegating authority to departments or other government organizations to make specific laws called “regulations.” Regulations carry out the purposes of the general laws or expand on them, but are limited in scope by these laws.”