“What a piece of work is a man, how noble in reason, how infinite in faculties, in form and moving how express and admirable, in action how like an angel, in apprehension how like a god! the beauty of the world, the paragon of animals—and yet, to me, what is this quintessence of dust? Man delights not me— nor woman neither, though by your smiling you seem to say so.” William Shakespeare – Hamlet
TABLE OF CONTENTS: (click on a title to read the post)
Limitations on Proceedings – Delian Magistrate Violated the Law
“Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust. Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override. For this reason justice denies that the loss of freedom for some is made right by a greater good shared by others. It does not allow that the sacrifices imposed on a few are outweighed by the larger sum of advantages enjoyed by many. Therefore in a just society the liberties of equal citizenship are taken as settled; the rights secured by justice are not subject to political bargaining or to the calculus of social interests.” John Rawls (1921 – 2002) American philosopher
As the narrative developed for the book it became very clear that trying to include the legal analysis there would defeat the mission of writing a coherent book, first because it would simply be too large and second because telling the story is one thing and writing legal analysis is another.
Legal analysis isn’t our favorite thing to read, however the legal aspects of the story are THE compelling distinctions of why this story is relevant in the real world.
It has taken a long time to understand the legal aspects well enough to write about it. As the author, it’s not enough to understand the relevant law, but it has to be understood well enough to explain it in a very basic way. I have broken it down in segments so practically anyone can understand it – even lawyers. Also, the primary source of the law is Alaska Statute itself, so we don’t have to analyze case law extensively.
To really “get” the story, I think you will find it worth the effort to read these analysis posts, plus with them laid out for easy understanding, you may find them entertaining in addition to informative. Certainly, it’s not something most people encounter in their lives, so consider it inexpensive knowledge. I already paid the price of learning this stuff the difficult way.