9 Then came “Woe Unto You,. Lawyers!”. Rodell knew that it would make every lawyer bristle or snort. ‘By FRED RODELL, Professor of Law, Yale University. Here’s a book you don’t have to buy; the entire text is here, in glorious HTML. It’s Fred Rodell’s “lusty, gusty attack on ‘The Law’ as a curious. This Book Reviews is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for Leo Herzel, Rodell: Woe unto You, Lawyers!, 7 DePaul L. Rev. () You, Lawyers! By FRED RODELL.
|Published (Last):||11 January 2005|
|PDF File Size:||3.15 Mb|
|ePub File Size:||14.81 Mb|
|Price:||Free* [*Free Regsitration Required]|
It used federal tax money to accomplish an unconstitutional purpose.
The Law, remember, is that before you have a Contract, you have to have not an offer, not even a definite offer, but a legal Offer. Because of the general principle that the federal government is a government of limited powers strict constructionbecause of the Founding Fathers fres There is, for instance, the provision that the United States shall not grant titles of nobility.
Fred Rodell, Woe Unto You, Lawyers,
And so long as the lawyers carefully keep to themselves the key to what those words mean, the only way the average man can find out what is going on is to become a lawyer, or at least to study law, himself. Trefry, which allowed an income tax very much like the tax on Max Senior, was, yoy though older, more to the point than all the inheritance tax and property tax cases the Court named.
Shorthand if you will; though it is a shorthand which all too easily becomes unbearably long-winded, as anyone who has ever tried to read a lease or a statute or a judicial opinion well knows. Briefly, The Law is carried on in a foreign language.
But of course, to simplify legal reasoning even to this small extent would make the case immediately much more comprehensible to the non-lawyer, and would leave the lawyers with no special and mystifying lingo in which to discuss a simple little problem. A patient electrician can explain, to the satisfaction of a medium-grade mentality, how a dynamo works.
And that, ladies and gentlemen, is the opinion of the Supreme Court of the United States in the case of Senior v. And if The Law could not find an Acceptance somewhere, there would be no valid Contract and Tony might never get his fifty dollars.
Woe Unto You, Lawyers!
The denial of what seems desirable can impart a sense of nobility which makes the denial proper — and she will indeed feel noble if she gets right up. Constitutions do not affect it and statutes do not change it.
For before Tony gets paid the court must find a valid Contract and before it finds a valid Contract it must find an Acceptance. There is one more principle of Constitutional Law that is worth mentioning, although it has been rather sadly neglected.
yoj Law is a racket and maybe an unjust technique for controlling the world. To go back to Max Senior and his profits — each piece of land he had a stake in was being kept and managed, for all wooe people who had stakes in it, by another fellow. Yyou so long as the lawyers carefully keep to themselves the key to what those words mean, the only way the average man can find out what is going on is to become a lawyer, or at least to study law, himself. For instance, what seems presently desirable is still right and what seems presently desirable is still likely, in the long run, to be wrong, yet the question as to what is presently desirable involves a greater emphasis on the rule that what other people believe to be proper is desirable, and a correspondingly lesser insistence on the home rule that what other people believe to be proper is usually undesirable.
Its decisions are supposed to be the wisest, wof most enlightened. Yesterday the lady arose immediately.
And perhaps if the ordinary man could see in black and white how silly and irrelevant and unnecessary it all is, he might be persuaded, in a peaceful way, to take the control of his civilization ferd of the hands of those modern purveyors of streamlined voodoo and chromium-plated theology, the lawyers. The whole Law of Contracts is based on the idea that men in general cannot be trusted to keep their promises, and around this area of mutual mistrust The Law lays down its principles.
Now the digging of the ditch amounted to Performance too — another, and more or less obvious, legal concept — but that does not stop it from being an Acceptance at the same time. Eventually their confusion founded though it is in stubborn and healthy skepticism is worn down. The nine men in black robes hold the entire structure of the nation in the hallowed hollows of their hands. But once you know all those fact situations, what has Consideration become?
Jerome Hall, Book Review:Woe Unto You, Lawyers! Fred Rodell – PhilPapers
It may, however, be possible to indicate something of the futility and irrelevance of legal processes merely by an imaginary application of the legal way of settling problems to a field in which decisions are customarily made in a more direct and efficient manner. By the margin of a single vote, its nine members can overturn the decisions of mayors, governors, state legislatures, presidents, congresses, and of any other judge or group of judges in the United States.
That is why people rarely bother to read insurance policies or mortgages or acts of Congress. But it is the very keystone of the whole structure of legal mythology to insist that all earthly problems can and must be solved by reference to this great body of unearthly abstractions — or, in short, that they can and must be solved by the lawyers.
Yet part of the land that Max had a stake in was not outside Ohio at all; it was inside Ohio. The breeding of word-jugglers would come to an end. The Supreme Court first said that most of the important parts of the Act were unconstitutional.