Friday, April 18, 2014

Issue 317 Iron Clad Rules?! April 18, 2014

Are the rules rock solid?   Not really.  Some rules are designed to be flexible and that is a very good thing.  Let's review why having flexibility under the law can benefit society.

Rules meant to be broken:  With things like copyright laws, patents and similar protections, the law really gets in the way of progress.  This is why so many people look to break these particular types of rules in order to usurp and promote new inventions and technology.  It is also why they are under constant review for reform. Others have sought out ways to alter patent/copy right law to make it more flexible.  One such way is to make the blueprints to an invention as a tradable stock option.  So when a car company like GM wants to use patented Mitsubishi tires, they simply buy shares equal to the amount of tires they want to produce for their vehicles.  No I am not talking about stock in Mitsubishi either, but actually making the patent into stock itself to be bought in shares as a way of selling it with the owner being able to reap the benefits.  On top of this, if it becomes a publicly traded stock, it allows for more accurate supply and demand price changes and eliminates the need for cumbersome contracts.

Another idea that is already on the books (last I checked) is for the inventor to either sell the blueprints for his/her designs on the cheap or sell the whole product from a licensed factory.  Both options work to benefit all with respect to technological progress and advancement of society.

Punishments:  Before all the types of crimes like "hate crimes," murder 2", "murder 3" "breaking and entering" and such there were basic laws with (usually) flexible punishments.  What I mean by this is that we can simple have laws against "theft", "assault", "murder", but the judge can base the punishment on the severity of the crime instead of predetermined punishments.  This allows the judge in the case of an accidental murder to sentence the guilty to one year, while in a purposeful murder sentence the guilty to death.  So one crime, different punishments based on evidence presented.  Some States in the United States have flexibility just like this, while others do not such as the case of 18 and 17 year old couples being convicted of statutory rape (sex with an under aged minor) ruining innocents lives.  So it all comes down to how well the law is written.

(Note:  the one exception I make is for child molesters and rapists. They should live in jail for the rest of their lives).

The United States Constitution:  Yes even the United States Constitution has flexibility.  Certain Amendments like the 13th 14th and 15th can be enforced by congress with appropriate legislation so long as it does not violate any other part of the Constitution.  Also, the Constitution allows for the document that governs our government’s power to be amended so as to have the flexibility to change (of course this is hard to do on purpose so as to make sure the change is truly worth it).  Thus the law that governs all laws can be changed and has certain flexibility built in.


Conclusion:  So flexibility in law can enrich people, advance progress and prevent people from becoming victims.  It allows laws to evolve and adjust to the changing face of society and crime.  I only provided some tidbits on how and where laws are flexible, but I think you are getting the idea on why flexibility is good.

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