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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.

Tuesday, December 28, 2004

By way of Instapundit, something to raise your blood pressure. Can you say "compounding a felony"? Well, it's legal now, joining barratry, champerty, maintenance, and more recently perjury and subornation. Embracery is still a work in progress; there are many years to go yet before that project pays off. No one has worked out, yet, how to get the courts' positive endorsement for bribery and extortion, but they are increasingly more honored in the breach.

One by one, though, they're all going away, all those ancient crimes that kept the legal system from degenerating into nothing more than a money tree for lawyers.

-- posted by Clayton 12/28/2004 04:18:00 PM

Comments: 2

  1. On January 06, 2005 12:32 PM, Anonymous Anonymous said…

    The Common Law principles of Barraty, Champerty, and Maintenance, were put on the shelf by many Legislatures throughout the world during the 1970's and 80's. All in the interest of allowing indigent individuals access to the Justice system for wrongs and injuries that were suffered, but could not prosecute because of their poverty. A notable and honorable action on the part of the Government too say the least. Just one problem, we now have a medical system in financial meltdown, manufacturers shutting down because liability insurance costs, product costs sky-rocketing because of the liability costs and the list goes on and on.

    Perhaps it's time we closed Pandora's box before anymore more evils escape. Maybe, those old and ancient practicioners of Common Law weren't so cold hearted and dumb after all. They recognised that the road to hell is oft paved with good intentions.

    BTW, whats your Health insurance costing you today? How about tommorrow?

  2. On January 23, 2005 5:16 PM, Blogger Clayton said…

    Actually, what really started pushing them out the door was the Civil Rights battles in the Sixties. See, e.g., NAACP v. Alabama.


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