Applying the Law, Even When Wrong
Since we’re already on the topics of self reliance and freedom, it’s a good time to recall a Providence Journal editorial about a New Yorker who is suing everybody conceivable over his fall from Newport’s Cliff Walk. The fellow left the path, apparently required more protection than his own common sense to keep him from falling, and is not embarrassed to admit publicly that he’s the one-in-a-million doofus who couldn’t enjoy the scenery safely.
Which is to say that I agree with the editorial writers, except where they delve into legal process:
Let’s hope the state Supreme Court understands this concept: that personal responsibility has a place even in the modern world, and that others do not deserve to be punished when someone fails to use a reasonable degree of caution.
Actually, I prefer to hope that the law doesn’t require the judges to find in the klutz’s favor, but if it does, we should all prefer that they do so. Such circumstances would be an indication that we, the people, have wandered off the safe path along the treacherous cliff of liberty and ought regain our legislative senses. If we look to the judiciary to pass judgment on when the law, as it exist, applies, then we’ve created an arbitrary system governed by an oligarchy of appointees and litigation is just an expensive roll of the dice.