Tuesday, June 17, 2008

Law's Archaic Language

In law school, one subject I had difficulty with was Remedial Law. This area in law mainly covers Civil Procedure, Criminal Procedure, Special Civil Action, Provisional Remedies and Evidence. It is a very important area of the law every lawyer must have a working familiarity with.

I have no beef about anything that is painstakingly difficult, to which the study of law is, most of the time. A dose of self-discipline and common sense will do.

But, my golly, studying Philippine Remedial Law is like self-flagellation on Holy Week, unnecessarily punishing and brutal, not so much on the complexity of the law but on how authorities have written the rules in cumbersome legal language and process, and in some way, a color of elitist pretense. Perhaps that's what happens when laws are made under a legal system that is still largely elitist or, to some extent, out of touch with ordinary people's lives.

To see what I mean, you may google search the US Federal Rules of Civil Procedure and the Philippine Rules of Civil Procedure, and compare both. Just get a feel of how these two sets of rules are written, and you'll know what I mean. The US rules are definitely simpler than our own rules.

Tags: Remedial Law


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