Intent. It is the basis for making our society an equitable one. When the intent of a law is found to be lesser a factor than some interpretation of a law that has some flaw to it then we all suffer at the hands of the manipulators. Those manipulators are most all the wealthy and powerful who wish to hold onto their advantaged gains and or "privileged" behaviors outside the intent of our laws. Let me explain something here, We are a species who are imperfect in most every way. From our inability to control time and space to our own devices for defining words and numbers. Don't get me wrong here, we have found a happy medium where all of us can communicate and decipher numbers and letters in our current civilization, however crude it may be to those in the future.
So to expect us to write laws that can withstand the test of time in every permutation of understanding is laughable. It would suggest that we are not imperfect and should have known better. Which is again laughable. So how do we adjudge our laws so that they are not in constant upheaval? We go to the intent of our lawmaking. As an example of this I can go to the writing of our own United States of America Constitution. Many discussions were held to write it and those discussions were saved in order for the future generations to understand the thinking, "intent", behind their decisions. So it should be with every law that is written and codified.
So that when some form of workaround for ulterior or known motive is argued the intent of the law should prevail where any question is less than perfectly answered. The intent expresses our will and not some tomfoolery that would negate the intent. Our judges at all levels need to be the first line of defense in responding to any attempt to subvert the will of a law outside the intent of it. That is what is missing in so many of our judicial decisions today. The highest priority should always be the intent of our laws regardless of how poorly interpreted our older and newer laws may have become. Just because big money can claim an interpretation in their favor does not make it legal to follow when the intent is disregarded.
This blog will be an advocate for compassion, curiosity and human survival. When these elements of human nature are being denied, wholly, severally or individually, less than positive human traits are the outcome. It is my wish and hope that my reasonings on a variety of subjects will provide the readers of this blog with personal and public insights. My only motive is to provide a forum for advancing enlightenment. Carl Clark.
Tuesday, December 21, 2021
(#4706) The intent of our laws need to be a higher priority than any flaw within the law
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