Is the law an ass?

Web Master
www.CyberSmokeBlog.blogspot.com

Hi Clare,

Conundrums, puzzles, and perversities: these are Leo Katz's stock-in-trade and the focus of WHY THE LAW IS SO PERVERSE (University of Chicago Press, Fall 2011).

The Frank Carano Professor of Law at University of Pennsylvania Law School, Katz specializes in the paradoxes at the intersection of law and moral and social theory.

WHY THE LAW IS SO PERVERSE is an easy-to-read look at four fundamental features of our legal system -- all of which seem to not make sense on some level:

-- Legal decisions are essentially made in an either/or fashion-guilty or not guilty, liable or not liable, either it's a contract or it's not-but reality is rarely as clear-cut. Why aren't there any in-between verdicts?

-- The law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why?

-- Legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony?

-- Why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?

Katz explains all these perversions and more, and his answers-counterintuitive and surprising-will make readers see the law in a whole new light.

Katz's trademark combination of playfulness and seriousness led The New York Times Book Review to call his first book "a fascinating romp through the philosophical side of the law."

Leo Katz is the Frank Carano Professor of Law at the University of Pennsylvania Law School. He is the author of "Bad Acts and Guilty Minds: Conundrums of the Criminal Law" and "Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law," both published by the University of Chicago Press.

http://press.uchicago.edu/ucp/books/book/chicago/W/bo11518130.html
http://www.amazon.com/Why-Law-Perverse-Leo-Katz/dp/0226426033/ref=sr_1_1
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Dear Reader:

Thank you for contacting CyberSmokeBlog. Although we have not read Professor Katz's book we're reminded of Mr. Bumble's comment in Charles Dicken's classic novel Oliver Twist when he uttered those famous words, "The law is an ass!" upon being informed his wife acts under his direction.

Unfortunately, North America has become an increasingly litigious society as evidenced by the increasing number of nonsense, abuse and SLAPPs (Strategic Lawsuits Against Public Participation - a term coined by American legal scholars) showing up in the courts.

As a SLAPP survivor, they are a particularly insidious form of litigation usually involving alleged defamation or libel. Insidious because: the underlying purpose can be financial ruin of an under resourced Party by Plaintiff(s) of considerable financial means; the potential threat posed to freedom of speech and expression; the harassing, threatening, intimidating (code for bullying) techniques sometimes employed; and finally, the billable hours bonanza some would argue such cases present.

Sadly, unlike several American states (notably California) which have anti-SLAPP statutes allowing a case to be tossed out early by courts, Manitoba's Defamation Act contains no such provision. With the proliferation of nonsense, abuse and SLAPPs people in this province sometimes wonder why it takes at least one year to get a trial date.

But then again should we be surprised? Manitoba's Defamation Act has not undergone a major overhaul in almost 30-years and, therefore, is silent on internet leading edge issues such as "imported defamation." Realistically, this is unlikely to change unless or until someone wins a Canadian Charter of Rights and Freedoms challenge against The Act at which time Manitoba Justice will be forced to enact legislative changes. Problem is, what private citizen has the resources for a long, protracted battle?

It's important law students at such an early stage in their careers appreciate not all answers are found in legal textbooks. For this reason, we are sending a copy of the posting to Ms Lorna Turnbull, Dean of The Law Faculty (Robson Hall) at the University of Manitoba, as well as, Professor David Deutscher who specializes in Constitutional and Charter Issues among other areas.

Thank you for contacting CybersmokeBlog and we wish Professor Katz success with, Why The Law Is So Perverse.

Sincerely,
Clare L. Pieuk

lorna_turnbull@manitoba
ddeutsc@cc.umanitoba.ca