Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, June 17, 2020

Words are to a lawyer what mathematics is to a physicist

--- Owain Blackwell, in "Words are Chameleons: The Languages of Law," Oxford Reference, 20 March 2019

Excerpts:
Words are to a lawyer what mathematics is to a physicist. That being the case, if an observer watched the goings on of, say, the Court of King’s Bench in the 15th century, they might wonder how the legal system could work at all, for they would be hearing words in three languages.
...
So can we contrive a system in which all words are defined and all nuances banished? It is but a pipe dream. For, as Justice Holmes observed: ‘A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used.’ Furthermore, it would be a grim day for lawyers if such a dream could be realized. One is reminded of the toast first given at Sergeants Inn in 1756 by Mr Wilbraham, and since then much repeated: ‘Gentleman, to the glorious uncertainty of the law.’ For it is that very uncertainty—uncertainty, usually, over the meaning of words— by which lawyers earn their keep.

Friday, July 22, 2011

"Law is the practice of rules in a context of deals"

--- Adam Gopnik, referring to context of Abraham Lincoln's thought, in Angels and Ages: A Short Book About Darwin, Lincoln, and Modern Life (2009), Ch. 1, Lincoln's Mind.

In context:

A love of the grease and a feel for the gist, the habit of compromise even at the cost of absolute clarity, a restatement of technical argument in emphatic simplicities, clarity achieved and helpful ambiguity sought—these were the heart of Lincoln’s style, and of his soul. They explain why we still argue about him: he said very clear things against slavery—and, for a time at least, he was ready to keep the slaves if he could find a bargain to keep the South in the Union. Law is the practice of rules in a context of deals, and Lincoln believed in both.


Curiously, Gopnik's phrase works just as well inverted, though perhaps better if Regulation is substituted as the subject: "Regulation is the practice of deals in a context of rules."

Tuesday, January 18, 2011

"No law can impede violation or disobedience of the law"

--- Giacomo Leopardi (1798-1837), poet and writer, from his daybooks “Zibaldone di pensieri”, August 31, 1820, transl. W. S. di Piero, published in Poetry magazine, November 2010, p.132