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Ignorance of the law is no excuse. The problem is no one really knows what the
law says.
Judges don't. They require attorneys to submit Memoranda of Points and
Authorities to back up their motions, and they still have clerks to conduct
further research.
Attorneys don't. Even if they tailor their practice to one narrow aspect of
the law, they still rely on Lexis/Nexis, Westlaw, Shepard's and other tools when
preparing briefs.
Government agents don't. In April the IRS's Acting Deputy Inspector General
for Audit reported on problems found at IRS Taxpayer Assistance Centers.
Auditors, posing as taxpayers, visited these centers and were given wrong
answers to tax questions 17 percent of the time. Another seven percent of the
answers were correct but incomplete.
Even legislators don't. Last year California Representative Robert T.
Matsui, chairman of the Democratic Congressional Campaign Committee and one of
those who had voted in favor of the Bipartisan Campaign Reform Act (McCain-Feingold), told the New York Times that he was surprised later to
discover some of the bill's provisions. "I didn't realize all that was in it," he said.
He is not alone. Michael Moore's movie Fahrenheit 9/11 includes a scene where Rep. John Conyers, Jr. (D-MI)
admits, "We don't read most of the bills. Do you really know what that would
entail, if we were to read every bill that we passed?"
But private citizens and businesses are expected to know and abide by the
law. They don't enjoy the benefits of qualified immunity. Make the wrong
decision and they face financial sanctions or imprisonment.
For a society to thrive under the rule of law, those laws must be clear,
widely-known and equitably enforced. More importantly, they must be derived
from, and promote, some basic purpose broadly agreed to by the members of that
society.
As a business owner, I have to deal with similar issues in the microcosm.
Our company policies affect hundreds of employees and reporters, and thousands
of attorneys, rather than hundreds of millions of citizens. The underlying
principles, however, are the same. In our case, the rules are there to provide
faster, smoother, error-free service to our clients. But it is the service that
matters, not the rules. So, we constantly monitor our service levels and add,
amend or repeal policies as needed to improve that service.
The same needs to be done in the macrocosm. Adding tens of thousands of
pages of new laws and regulations every year - laws which go unread, unfollowed
and unenforced - will not lead to a better society. Rather, they need to be
reexamined, streamlined and simplified so they can be followed and enforced.
Only then can they achieve their purpose.
Sheila Atkinson-Baker

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