In my mind the differences are based upon a difference in understanding of where "Freedom" comes from. For the French it is because the Government is there to grant it and protect it. For us it is inherent and we appoint a Government to protect it. As the article points out, the French system assumes that you can trust the Government to do right and protect the little guy. The US Government and its English Common Law heritage assumes that one has to be ever vigilant about the Government. Thus, we honor those barons who stood up to King John in
I would agree with the French that the Perp Walk is unnecessary and should be abolished.
UPDATE: My only excuse is I allowed myself to rush into posting this, so I could then clear mr car out of the way for my wife. Patrick has a very good sense of history. And thanks for catching my error.
Regards — Cliff
3 comments:
1215, I believe. Sometime after the Battle of Hastings in 1066.
Louisiana in its civil law still takes some of its cues from the Napoleonic code (and Roman before that). Of course, neither the common nor civil law systems prevented those empires from spreading their "justice" abroad.
I happen to like some aspects of the ancient Irish brehon law, but then that was stymied a bit when the Normans made their way over in 1169 and even more with Cromwell in the 1600s. But, I am happy with what we have here, and thankful for people like yourself who have been willing to fight for it. So whatever about those barons, I hope you have a good Memorial Day weekend.
Both systems favor those who are financially able to mount a better defense or whose social prominence makes even their misadventures celebratory. I'm thinking of the endless saga of Little Lindsay Lohan who has made the CA judicial system laughable...unless you are Mexican or black...then you are screwed. At the other end of the spectrum we have political crimes that not only go unpunished, but unspoken of. If a common citizen were to engage in some of the activities our "elected officials" have enjoyed, he or she would be making big ones into little ones for a good many years.
I prefer the Perp Walk myself. Nothing like a good public humiliation to serve as a deterrent (even if minimal).
I am however, completely taken by "truth, justice, and the American way."
Yes, I blew the dates. How embarrassing.
Re the Perp Walk, I might see some value if we still allowed stocks. That would be a big deterrent.
Regards — Cliff
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