[EM] Direct Democracy via Judges and/or Juries

[Donald E Davison]

Greetings,

     What do you think about laws being made only by trial judges and/or
juries??
     Would you consider that to be Direct Democracy?
     I recived the following letter on this subject:

  ------------ Forwarded Letter -----------
Date: Mon, 4 Oct 1999 10:03:23 -0700
To: donald at mich.com
From: John Lowry
Subject: Re: ALL: October Update - from New Democracy

Donald, in my wanderings through the subculture of dissent in our society,
the best "tear it down and start over" scheme I have come across is the
notion of replacing all legislative bodies with a system of judicature,
where the whole of the body politic is included at the most local level, and
the basic system is developed common law rather than legislated dictat.
Some have said as few as six levels would be sufficient for the nation.
Politically, I think a whole new approach like this has a better chance of
acceptance than a "reform" of what we currently have. -John

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Dear John,

     Your `scheme' deserves some consideration.
     First a question: Does your scheme include a constitution for each
level of government?

     I would not approve of judges making laws, because I do not want a
single person making laws. It would be too much like someone ruling by
decree. Besides a judge is a lawyer, it would be a conflict of interest to
have laws made by lawyers.
     "Law is too important to leave it to the lawyers"
      (I made that up from the famous saying about war and generals.)
     Yes, I know, lawmaking bodies are mostly lawyers. I would like that to
be changed, but I digress.

     I might accept laws being made by juries. There is a possible advantage.
     Too often we have seen some politician stand in fromt of the media and
claim: "I did not do anything illegal", after it has been reveled that he
in fact did do somthing that seems to be wrong. It is not wrong by law
because the lawmakers have, by law, made it legally lawful for them to do
some wrong action.
     I would be nice if we could charge this politician with wrong doing
and then let the trial decide if he did in fact do something wrong, then we
will hang him. (joking)

     "We will give him a fair trial, and then hang him."
      (This is another famous saying.)

Donald,


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   |                         Q U O T A T I O N                         |
   |  "Democracy is a beautiful thing,                                 |
   |       except that part about letting just any old yokel vote."    |
   |                            - Age 10                               |
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