Sunday, September 7, 2008

After Fighting with the blogger log in

Kayla Frank

So for the second part of the Llewellyn reading I kind of got stuck pondering over the issue of behavior being the basic premise for the written or paper laws which will in theory hopefully be those real laws, or the actual outcome or occurring behavior of officials/ judges/ those with discretionary authority in a legal mater. The laws are written down making paper laws merely because our history has been these forms of written passed along authorities, but Llewellyn makes the point that these written laws only become written laws in order to attain a certain goal or behavior out of them. The sought after behavior is one that a current generation may hope to see enforced in the next and a legitimate way of granting a law this sort of authority is through making it a paper law. With paper laws though we enter into the problem of whether or not these written laws will be real laws, pseudo laws, or completely forgotten laws. This is where I kind of went off on a thought tangent and was thinking about how parents, older siblings, governing relationships of the nature, tend to believe they know the best way for the future, or the next, or the younger less experienced to behave, and if these favored behaviors were given a strong enforcement upon the newer generation maybe the desired behavior could become the reality in behaviors. This made me think more about how you get like really tight Christian voting blocks, these voting blocks I know do not just happen among really devote Christians but it is an example, and how these ideals and desired behaviors are engrained into the strict followers of the religions lifestyles and all of these ideas of good and bad and right and wrong come from an interpretation of what is considered an authoritative writing; the bible. So although some paper laws do lack enforcement I do not think that should really count them out until the right interpreter comes along and derives a new twist or understanding from a paper or written source. I know Llewellyn went into greater detail and talked more about the significance of behavior but I was kind of fascinated and just saw this sort of connection so I decided to blog about that more than Llewellyn’s thoughts.

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