Saturday 15 August 2015

FALLACY OF LAW

FALLACY OF LAW

FALLACY OF LAW


I have no faith in the judicial system. Not because all the judges are bad. In fact, there could be many good judges. The reason is the limitations of human mind. The legal system is founded on two principles, namely: 

A) A judge will  ascertain the facts correctly.

B) Judge will exercise his discretion wisely. 

Both these are myths. There is no guarantee that even a good judge will ascertain the facts correctly unless it is as simple as arithmetic; say 2+2=4 or as simple and as undeniable as day and night. And for this no body will seek a judicial adjudication! This fallacy could be established by a simple example. Suppose,a  judge decides: 2+2=0. Then, there could be a literal earthquake. People will demand such an idiot to be removed. But if the very same judge decides: 

2+2+4+4-4-4-4+10+0+10-10-20+100+100-200+500+500+1500+1900+(100-200X5000-25000-25000)-500-1000-900+100X6000+4000-10000+1+2-1-2+5-5+100+100+400-500-100+25+(800X9000)-6746111= 0

No one will find fault with the judge though the answer ought to be 4.The people will say the judge erred,sadly though. A jurist will say a judge is free to error within his jurisdiction!


.....Adv.Mathews J.Nedumpara

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