[ih] legal models [was: there must be a corollary to Godwin's law about Sec 230, was ARPANET pioneer]

Dr Eberhard W Lisse el at lisse.NA
Mon Mar 7 02:10:09 PST 2022


My impression/experience is quite the opposite, lawyers are usually very
clever people (they make a living using the word as a weapon so to
speak, and can read themselves into complex issues amazingly quickly) but
of course ambulance chasers might find that difficult.

In Common Law countries judges are selected from experienced lawyers, ie
it's further, positive selection. But, they only adjudicate the
issue(s) before them ("on the papers") as narrowly as possible.

So you get what you pay for.


In Germany the grade of your law school exam and the one after the two
year internship (akin to the Bar Exam) are the determining factor of
becoming a (junior) judge and then progress to higher courts.  These
courts adjudge a little wider and if there is complex matter the courts
will hear both sides experts and perhaps even appoint one.


Many judgements I have read (US, UK, ZA, NA and DE) to a reasonable to
good job of framing the jargon into plain English/German.

el

On 2022-03-07 03:26 , Brian E Carpenter via Internet-history wrote:
[...]
> 2) You cannot assume that advocates and judges understand the
> technology well enough to argue and adjudicate correctly. There's
> been a persistent failure to distinguish value from reference, for
> example, not helped by lousy terminology such as "address" when
> a URL is meant (even without starting on the distinction between
> URL, URN and URI).
[...]
-- 
Dr. Eberhard W. Lisse   \         /       Obstetrician & Gynaecologist
el at lisse.NA             / *      |  Telephone: +264 81 124 6733 (cell)
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