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2.26.2008

The legal system is not about right or wrong, just legal or illegal

The legal system is not about right or wrong; it decides only what is legal and what is illegal. How did that come to be? Maybe the legal system was born solely because of the subjectivity involved in deciding what is morally right and morally wrong. But anything with humans involves subjectivity, but there is a loophole in the legal system - with this new system, the subjectivity is no longer on right versus wrong, but rather, on legal versus illegal.

In discussing Edison Chen's case, it is alright to discuss whether he is wrong or right and it is alright to discuss whether he is legally negligent or not, but it does not make sense to mix the two together. (To relate grounds for legal action to a wrongness is even more illogical, as people sue for almost any reason. Want some examples? Go to: http://www.overlawyered.com.)

The legal system is a game of procedures, lawyers, and expert witnesses. As Mr. Lam said, even if Mr. Chen wins the potential tort case, it will not mean he was right (morally right, I presume). But the reverse should also be mentioned, that is, even if Mr. Chen loses the potential tort case, it will not mean that he was in the wrong, morally.

With layers of courts, a legal action can easily turn into an illegal one on appeals and vice versa. A right action certainly would not turn into a wrong action that easily, on the words of a mere few.

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