Rule of Law: Government in all of its actions is bound by rules fixed and announced beforehand - rules which make it possible to forsee with fair certianty how authority will use its coercive powers in given circumstances and to plan one's individual affairs on the basis of this knowledge.
(F.A. Hayek) The Road to Serfdom

Tuesday, October 30, 2007

Wave of Pain

Hello Readers,
Law School is attempting to break us. They lull you into a false sense of security and than WHAM! You have a double session of tort. A full research assignment. Criminal Law. Contracts. And a Final in Lawering Skills on Friday. I really think there is someone who is laughing at the pain that Law Professors put us under. I can't be sure but there can't be many other professions where your ability to avoid sleep is directly proportional to how well you do. That is unless you are losing the "correctness" of your work by lack of sleep. I am not even sure if what I am writing is making sense. Wake me up when the lawmare is over.

Friday, October 26, 2007

Friendship

Look to your left and right an what do you see? How many people are you willing to put your life in the hands of? These questions inevitably arise in the life of everyone. Probably more than once. When someone thinks of their friends, and in this sense I mean family, spouses, etc., I would argue there are three categories. These are the inner circle, the outer circle, and acquaintances. I think that the size of a persons circles is proportional to the ability to trust the individuals within it. Therefore the inner circle is probably three individuals at most. These are the three people in the world that you would trust to drop whatever they are doing and come to your side. Regardless of their opinion of the relative worth of your problem as related to their own situation. Then you have your outer circle, This is the group of friends that you would ask for help and would probably get it, but if you dig down deep inside, I mean way deep, would you unconditionally trust them with everything? Finally there are your acquaintances. These people know you and might help you with small things but your relative importance is only in the context of your relationship. The test of a true friendship is your bond after leaving the context of your relationship.
In addition to these thoughts, I was thinking about the core of what a friendship is. If have broken this down to two elements. First, a friend is a social companion with whom you enjoy spending time with. The second element is the proverbial shoulder to lean on. You friendship should be a safety net for the problems you might encounter. The old adage that there is safety in numbers applies. Well, it is something to think about. Look deep inside and see if you can identify your inner circle.

Thursday, October 25, 2007

Commitment

Tonight I will talk about the essence of relationships between people. In law we call this concept a contract. To laymen we call the word a commitment. The measure of a man can only be judged by his character. A man's character can be judged only by his actions. A mans actions are judged by the commitments that he keeps. I was taught early in my life that the only thing that shows the character of your being is through keeping your commitments. A wise man has shown me that you can go you whole life without breaking you commitments, hopefully I can live up to his standard. When a man agrees to take care of his family, he keeps it to his dying breath. When he tells you he will do something, you have no doubt it will be done. A true man's friends never have a second thought when he makes a commitment. This commitment to commitment really shines through when there is no legal or other punishment if the man doesn't keep his promise. If you agree to meet someone for something, there is no court that will convict you for missing a dinner for example. For breaking a commitment to a friend, the real punishment is greater than any authority can impose. The loss for breaking a commitment to a friend is respect. Without the respect of his friends, how can a man look at himself in the mirror. If you wish to judge the character of a man you just met, look to his friends when he makes a promise, if they are at ease, you know you have a man with character. I have been thinking about those who break a promise, the loss of respect for someone you care about can be translated into one word, disappointment. People make commitments to one another both internally and externally all of the time. When commitments are broken, the well for faith in people is drained. When classmates don't prepare and take the easy way out, how do you rely on them when push comes to shove. What is nice about those who break promises is the test of a man's character is displayed to all. Therefore those who keep their commitments show the strength of their character. Today, respect was lost for some people that were thought highly of. Thanks for reading my thoughts, I will leave you with one thought to ponder. What must be done to earn the respect back you lose by breaking you commitments? Can respect ever be earned back?

Wednesday, October 24, 2007

Meaning of "Life"?

In my last submission, I thought deeply about the comfort of words. The meaning of how they are processed by the brain is a product of two distinct factors. The first factor is the book definition of the word. The second is usage of the word in the history of the individual. Regarding the first factor, there are usually a number of definitions for a word that can explain the meaning of the word. Let me explain an example: the word "fee" can have at least two definitions. It could be a fine or charge that one might have to pay, or it could be the beginning of conveyance of property. I never knew the second definition until three weeks ago. Being a business man, I would never have imagined that I would ever allow the definition to default to anything other than a charge. In only three weeks, I have not only learned a new definition but my default has now changed. Life experience has the power to alter the path that the mind processes.
I can't begin to explain how my mind is different but there was constant beatings telling my colleagues and I that we "will" think like a lawyer. What does that mean? Does that mean we are always looking for a tort (civil) action? Does this mean that we are constantly analysing in a linear and progressive fashion. Is it necessary to identify all of the elements of everything you do. There is no doubt that any of my classmates immediately think of three elements when I say the "doctrine of promissory estoppel". I wonder if they think of the elements to purchasing a gallon of milk? In order to purchase the milk, you need to have an offer to purchase milk. You need to have actual milk to sell. You need to have an acceptance of a customer to buy milk. The customer needs to assent (agree) to pay the purchase price for milk. Then the customer needs to tender the consideration (money). Finally the store needs to accept the consideration.
Just looking at the preceding explanation, assent, consideration, and elements, are probably three words that had different default meanings to me just two months ago. Life experience is a powerful tool that you should not turn you back on. When you turn back around, you might be a different person.

Monday, October 22, 2007

Feeling Good About Myself

Monday again. Unlike most Monday's today went easy. I didn't find any of the cases or classes to challenging. Who's to say I got it right, but I guess sometimes you just need to trust yourself. Although I am never sure how I will be here in January, I have a reneued sense that I can make it. I think that once you let yourself relax, your understanding of the material comes just a little easier. Of course, have good friends never hurt either. I was thinking about my friend Chris a lot this week. I am sure he feels a lot of the same anxiety that I do. Getting married must be both a stress and a joy. Maybe the key is just to enjoy the ride.
That enjoyment is hard though. I have always considered myself a control freak. I know it is a part of me so it should be something I could let go. Personal understanding can create growth. Somehow, I must not want to let go. I guess that might be why I am who I am. Who knows, maybe moderation will find me, maybe not. How does one let go. To some it comes so easy and to others, the fear of losing control is a fate unspeakable. Mearly the word brings comfort to me, much like free market. How can a series of words bring so much comfort when only ideas. Even if the words never materialize, The mere thought of them soothes the soul. Well I had better wrap up this thought and get back to the real work. Remember, only in your mind can true success be celebrated. No one else can appreciate you accomplishment more than yourself.

Sunday, October 21, 2007

Dinner and Conversation

I had some friends over last night for dinner and the evening turned out pretty well. I wish they could have gotten an accurate portrayal of my cooking but I don't think the food killed any of them. I guess I will know on Mon. It is interesting to see how relationships develop where you wouldn't guess they would. Despite varying backgrounds of people, friendships can develop under the right circumstances. Life is funny that way. Every once in a while you need to have your life stirred up to see all the good that is out there. Everyone is not like the people in the cases we read. City and country have more in common when you peel away the facade

Thursday, October 18, 2007

Starting Out

Life is good down here at SIU. Tonight is one of the first times that I have got my homework done before eight.