Thursday, September 27, 2012

The Internet - The End of Localized Completeness

 The Supreme Court of Florida has adopted rules that require “the allegations” be signed and under oath.  A copy of the rule imposing this obligation (3-7.3(c)) may (or may not) be found at the Florida Bar’s web site at www.floridabar.org.

The oath consists of “Under penalty of perjury, I declare that the facts contained in … are, true, correct and complete.”  I wonder what definitions they are using.  My definitions of “true” and “correct” overlap considerably.  As for “complete,” the universe is complete but even it is evolving.  The Courts seem to be stuck in the days of William Blackstone:

“Blackstone had developed a great interest in common law, and in 1753 he began to lecture on that subject. These were the first lectures on English law ever delivered in a university. His listeners were captivated by the lucidity and charm of his style and by the simplicity with which he presented the subject. The latter virtue, however, was attained in part because Blackstone blurred the difficulties and contradictions of English law. He gave the whole subject an air of completeness and mutual interdependence as if it were a uniform logical system, and he suppressed or ignored its archaic aspects and instead acclaimed English law as the embodiment of 18th-century wisdom. He stated his aims in a notice of his lectures dated June 23, 1753:

“It is proposed to lay down a general and comprehensive Plan of the Laws of England; to deduce their History; to enforce and illustrate their leading Rules and fundamental Principles; and to compare them with the Laws of Nature and of other Nations.

“In 1754 Blackstone published Analysis of the Laws of England, a synopsis of his lectures for the guidance of his pupils. In October 1758 he was elected the first holder of a chair (the Vinerian professorship) of common law. His lectures formed the basis of his Commentaries, which were published in four successive volumes between 1765 and 1769.”

For a continuation of the article in Britannica Online see http://www.britannica.com/EBchecked/topic/68589/Sir-William-Blackstone/729/Assessment

The terminology is breathtaking:  an air of completeness and mutual interdependence as if it were a uniform logical system” and he “suppressed or ignored its archaic aspects”.

The 200+-year history of the United States of America hadn’t even gotten started when Blackstone published his four volumes.  The internet is introducing an interdependence that was unimaginable in Blackstone’s day.  Only the web has potential for "completeness."  No single node can be "complete."

In the Florida judicial system “complete” means that no other factors or evidence need be considered.  Such completeness would allow the Judiciary decision making agent/node to act as if they were a closed system.  For applicable definitions of Open System and Closed System, see http://en.wikipedia.org/wiki/Open_and_closed_systems_in_social_science.

The Florida Judicial Systems needs to look closely at feedback loops.  Circuit Court judges in Family Law matters definitely need their findings of fact to be subject to review/correction.  If my personal experience is “typical,” we are in deep trouble.

My personal situation is an example of “The Road to Hell is paved with Good Intentions.”  My ex-spouse is an entitled victim in the 47%.  She has two (2) Master’s degrees.  One is basically in getting free help to help her do good/well.  She has a Director of Christian Education (DCE) degree from Emory University.

She has utilized student loans, victim’s support group(s), and extended unemployment.  (Her highest paying job was with Volunteers of America - Florida where she helped Vets with homelessness, alcohol, and drug problems.)  She wants everything to which she is entitled.  She got her second Master’s in Mental Health counseling in 2003.  Doesn’t she owe the current veterans her services at a reasonable price?  She is/was a licensed mental health counselor in Florida.  Would Florida license a person inappropriate for our Vets?

Should I pay alimony to keep her in the extremely comfortable life style to which she wanted to become accustomed?  Her two (2) real doctor brothers could afford her desired lifestyle.  With only a PhD in experimental particle physics, I could not.  My ex-spouse was enabled by various support groups.  If not the Road to Hell, then at least the Road to the Poor House for me is paved with the Good Intentions of many (good intentioned) people.  Judge Charles J. Roberts, 18th Circuit, may be the only one to suffer any negative consequences for his poorly directed good intentions.

 

 

 

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