Law in Contemporary Society

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The Phenotype of a Liar

-- By AmandaRichardson - 04 Apr 2008

Introduction- Types of Lies

"Whether he be original or plagiarist, man is the novelist of himself. … To be free means to be lacking in constitutive identity, not to have subscribed to a determined being, to be able to be other than what one was." José Ortega y Gasset

"Dress as an Expression of the Pecuniary Culture," or How Lawyers Lie with Clothing

“The question ought to be why. Why the law is what it is.”

The law, Day implies, is what it is because it is made by people who lack real power. Day believes that “real power exists outside the courts…you have discretion in this job…there’s a big difference between having a bit of discretion and having real power. it is a very important distinction.” The law is shaped by lawyers, whose only real objective power is their ability to sway the judge (in the courtroom, at least; one could argue that the greater power of many lawyers is their ability to shape settlements and other bargains outside of a courtroom setting) and judges, whose power is, according to Judge Day, interpreting and discerning.

Tharaud vs Cerriere

The truth of the record

 
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