Once I was told by an extremely good lawyer, who happened to be
Lieutenant Governor of
Nova Scotia
and senior member of a firm put together by a member of
my father's congregation, that I too should have been a lawyer,
but that the first judge I appeared before would have had me hanged
out of jealousy. In revisiting this remark, my defense is that
I have never pretended to undue modesty. In fact, what modesty
I do have, I am quite proud of. Anyway, back to "the law",
if you recall the title of this column.
The law is an institution, a very human institution, and, of course,
depends on the premises of those establishing it, which in turn
depend on the definitions of the words in those premises.
Rapidly we come full circle; to quote
Humpty Dumpty:
"When I use a word, it means just what I choose it to mean --
neither more nor less." (To which Alice demurred, "The question is,
whether you can make words mean so many different things". And
Humpty replied, somewhat ominously, "The question is, which is
to be master —- that's all".) If we pursued this line of
reasoning, we would find that making law, administering it,
amending it, and understanding it are all impossible, in a certain
sense.
So definitions are impossible to get any absolute agreement on,
although there is no lack of trying -- witness the
Charter of Rights,
with its "notwithstanding" escape hatches.
I would recommend that we have a Common Law, like the U.K.,
where we have judges refer to past decisions and defend
departures from them. And the meanings of all the words in
that previous sentence are perfectly clear, of course.
