Separation of Powers, age old philosophical and practical problems, experts, legislature versus judicial versus executive branches, etc. etc.
I wrote an article, long ago, never published, on the short history of the topic, in Florida.
One can trace the issue back to ancient times, the written and the unwritten laws, convention and nature, ...Antigone Creon.
Separation of church and state, equity and law. The legislature or crown, versus the judiciary and church. Sometimes they each wore two hats...
Under our systems of specialized expertises, skills, and knowledge, and our 50 states', and federal, systems of law, very enlightened mind you, lawyers in each state, or federally, do not police specialized experts in verious fields of human endeavor on whom they call to assist the trier of fact, frankly cannot really do so, but rather in practice merely harness them together as their side's team, think Roman chariot racing, Circus Maximus, Ben Hur, Charlton Heston, often long innured to such usage, then to confront an opposing team, similarly assembled, down in the Circus.
Experts, as professions or as skills, seldom properly police themselves regarding standards, either of proof or of behavior, nor does the state where they practice properly consider it its job to do so, even if it properly could.
One can trace the issue back to ancient times, the written and the unwritten laws, convention and nature, ...Antigone Creon.
Separation of church and state, equity and law. The legislature or crown, versus the judiciary and church. Sometimes they each wore two hats...
Under our systems of specialized expertises, skills, and knowledge, and our 50 states', and federal, systems of law, very enlightened mind you, lawyers in each state, or federally, do not police specialized experts in verious fields of human endeavor on whom they call to assist the trier of fact, frankly cannot really do so, but rather in practice merely harness them together as their side's team, think Roman chariot racing, Circus Maximus, Ben Hur, Charlton Heston, often long innured to such usage, then to confront an opposing team, similarly assembled, down in the Circus.
Experts, as professions or as skills, seldom properly police themselves regarding standards, either of proof or of behavior, nor does the state where they practice properly consider it its job to do so, even if it properly could.
Terms search this blog: substance procedure, nature and convention
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