From another post in another thread, Wildalaska said:
First off, many States claim "copyright" on their statutes. This alone present a dilemma to the average citizen (Oregon and Idaho, to name just two). How does a citizen obtain the freedom to have at hand, all the statutes, if only the criminal code, to avoid the mischance of violating said codes? How about the controlling case law?
As Kafka wrote in "The Problem of Our Laws," "Our laws are not generally known; they are kept secret by the small group of nobles who rule us."
So who does the citizen have to purchase from, in order to be educated upon the statutes and controlling case law? Further, should the citizen even have to pay for this information, some of which may be vital in day-to-day living?
In Idaho, the State says it retains copyright to the Idaho Statutes, and it may not be published except through an authorized publishing company. Idaho allows for a public law library, but that library is in Boise. Should I have to travel 150 miles, one-way, in order to know this material?
Each county has a law library, situated in the County Courthouse. But that library is for use by the Court and its officers (read: attorneys). I actually need permission of the Court to peruse the files.
Each city retains copies of its own ordinances. But I have to go to the City Office and read them there. I am allowed to pay for copies of the pages of interest (at 15 cents per copy), but no full work is available to the common citizen.
How then, is a citizen able to move from ignorance to enlightenment, without paying exorbitant fees, to know that which is assumed to be known?
So far, I am just discussing State Criminal Code, Regulations and controlling case law. Now add in the Federal Statutes, Federal CFR's and controlling case law (both District, Circuit and SCOTUS decisions)... Just how expensive would this get?
A citizen should not have to pay a cent, nor travel anywhere, in order to have copies of the laws they need to operate on a day-to-day basis.
I refer you back to Kafka.
Ken, I believe I want to challenge you on this. Hence this new threadIgnorantia juris non excusat .....
One of the foundations of our system of laws.
First off, many States claim "copyright" on their statutes. This alone present a dilemma to the average citizen (Oregon and Idaho, to name just two). How does a citizen obtain the freedom to have at hand, all the statutes, if only the criminal code, to avoid the mischance of violating said codes? How about the controlling case law?
As Kafka wrote in "The Problem of Our Laws," "Our laws are not generally known; they are kept secret by the small group of nobles who rule us."
So who does the citizen have to purchase from, in order to be educated upon the statutes and controlling case law? Further, should the citizen even have to pay for this information, some of which may be vital in day-to-day living?
In Idaho, the State says it retains copyright to the Idaho Statutes, and it may not be published except through an authorized publishing company. Idaho allows for a public law library, but that library is in Boise. Should I have to travel 150 miles, one-way, in order to know this material?
Each county has a law library, situated in the County Courthouse. But that library is for use by the Court and its officers (read: attorneys). I actually need permission of the Court to peruse the files.
Each city retains copies of its own ordinances. But I have to go to the City Office and read them there. I am allowed to pay for copies of the pages of interest (at 15 cents per copy), but no full work is available to the common citizen.
How then, is a citizen able to move from ignorance to enlightenment, without paying exorbitant fees, to know that which is assumed to be known?
So far, I am just discussing State Criminal Code, Regulations and controlling case law. Now add in the Federal Statutes, Federal CFR's and controlling case law (both District, Circuit and SCOTUS decisions)... Just how expensive would this get?
A citizen should not have to pay a cent, nor travel anywhere, in order to have copies of the laws they need to operate on a day-to-day basis.
I refer you back to Kafka.