Intent is legally binding as action
Nova Scotia (PRWEB) April 24, 2013
In a very near future America, as portrayed in a fictional memoir by Henderson West (45th President of the USA), the "Spirit of Law" becomes the guiding legislative principal that individuals and corporations adhere to. The legal and judicial system embrace the "Spirit of Law" as a means of determining intent, rather than relying on precedent as a means of determining guilt or innocence.
In our modern culture, determining whether some person or entity has broken the law has become an arduous, lengthy and convoluted process. Lawyers, albeit civil, criminal or corporate, spend the majority of their time trying to create a context of innocence; or an innocence by the letter of the law; or a precedent trail to link previous results to their own case. Society has simply lost faith in the legal system to be able to determine guilt or innocence in a fair and equitable manner under this system. An even more frustrating feature of modern judicial systems, is inconsistent punishment whereby interpretation, geographic location and quality of representation alters the sentences significantly from one case to the next.
In our modern culture the legal system has to change due to the changing societal values, global influences and essentially the speed of innovation. It is impossible for legislation to anticipate legal parameters and circumstances when they quite likely do not even currently exist.
Author of "ff21st" Kenneth Jackson explains. "In our modern world, there are so many shades of grey that any individual or organization can claim that they are acting within the law. However, under a "Spirit of law" system, intent would be legislated as well. The intent of the legislation, or law, is as legally binding as any of the specific stipulations.
For example, on pages 65-66 of "ff21st," a "Spirit of Law" is outlined for taxation. It reads as follows: With full knowledge that the government of the USA requires operating capital in order to carry out domestic and international obligations; and to contribute to the overall improvement of America's well-being, it is recognized that every American individual and Corporation is by law required to submit no less than an absolute minimum of 7.5% of their gross income.
Jackson continues. "Under this system, which is supported by the over-riding principal of "Engaged Democracy", that no person or group can willfully avoid paying taxes. If a company sets out to willfully circumvent the intent of the"Spirit of the Law" i.e. acknowledge that the federal government requires capital and provide their share, then that sole act in and of itself is considered an illegal action and punishable.
About the Author
Kenneth Jackson possesses a political science degree and a MBA in international business from SMU. An avid hockey goaltender, guitar player, social observer and reader, Jackson uses his capacities to observe culture and develop plausible solutions.