Originally Posted by
Moe Zhoost
Well there are theories of law, and then there is reality. Do you really think that it is rare that the intent of the law is unrelated to its language? Right or wrong, it's human nature to employ ruses to achieve an outcome, and legislators are not so honorable to resist. For example, jaywalking laws were not written with the intent to protect pedestrians,..
Theory of jurisprudence IS the reality of courts. Laws must be specific and explicit in what they prohibit for example, otherwise they are challenged in court as illegal and the cases fail.
Jaywalking laws were intended to keep traffic moving smoothly. That's how jaywalking laws were intended and are applied, and in fact there are exceptions in many jurisdictions allowing crossings at places where it does not disrupt traffic. That's not a good example of a ruse to punish something else.