Сборник материалов международной научной конференции студентов, магистрантов, аспирантов
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К.Д. Герц, М.М. НазарукРеспублика Беларусь, Брест, БрГУ имени А.С. Пушкина Научный руководитель – Л.М. Калилец AMUSING LEGAL CASESWhen people picture what goes on in the Court, they imagine austere justices arguing and deliberating on issues that will decide the fate of Law itself. One of the best things about having an organized judicial system is that there is always a way for citizens to achieve justice when they are wronged. Unfortunately though, some citizens take advantage of the system to file amusing cases and become notoriously known due to their unluckiness. For example, in the middle of the 19th century in a number of the European states a criterion of crime was “productivity of corn”. Yes, it not a typographical error. The corn “showed” crime rate. As it is possible to guess, the less there was a corn crop, the higher was the crime rate. In 1998, Alyssia Benejam was awarded $1 million dollars by a Wayne County Circuit Court for an injury from a broken baseball bat at a 1994 Detroit Tigers game. She was sitting near home plate behind a screen when a piece of broken bat either curved around the screen or was deflected by a seat causing injury to her hand. The Michigan Court of Appeals has now overturned that verdict and held that “a baseball stadium owner is not liable for injuries to spectators that result from projectiles leaving the field during play if safety screening has been provided beyond home plate”. They quoted a ruling from another court that “[n]o one of ordinary intelligence could see many innings of the ordinary [baseball] league game without coming to a full realization that batters cannot and do not control the direction of the ball”. James Elliott, Benejam’s lawyer, plans to appeal this ruling to the Michigan State Supreme Court. Paul Bloebaum of Troy, Illinois, wanted to try skydiving. He went to Archway Skydiving Center where he took lessons, initialed 25 paragraphs of a release waiver and signed the waiver acknowledging that he “understood the risks and would not hold the center responsible if anything went wrong”. Bloebaum has filed a lawsuit after being injured from his jump to void that release. He alleges his parachute lines became tangled and he was unable to pull an emergency chute in enough time to slow his fall and thus shattered bones in his left shoulder and injured his leg. The skydiving center claims that his injuries result from trying to untangle the parachute lines after he landed. Bloebaum said he knew there was a risk but never gave a second thought to the release and admits he did not read it thoroughly. Sandra Allingham of Des Moines, Iowa has filed a lawsuit against Iowa State Bank claiming that “officials put her in danger during a robbery” because the bank allegedly did not properly train its employees to protect customers from harm. Ms. Allingham was a customer in the bank last October when three gunmen held up a bank branch and escaped with an undisclosed amount of cash. Ms. Allingham also alleges that bank officials knew the branch was being cased by the robbers and did nothing to prevent the robbery. She is asking for an undisclosed amount for “mental and/or emotional distress she suffered during the robbery, as well as for injuries from an unspecified assault”. Alan Law was found guilty of disorderly conduct in Cambridge, Ohio for playing loud music with the windows open while driving his truck. Municipal Judge John Nicholson ordered him to pay a fine of $100, or listen to four hours of Frankie Yankovic’s greatest polka hits. Mr. Law chose to listen to the Cleveland polka player and can now whistle “The Blue Skirt Waltz” and “Who Stole the Kishka”. Judge Nicholson explained that his ruling was based on the golden rule of “do unto others as you would have them do unto you. You may enjoy listening to your music, but many people do not want to hear your music”. When travelling around the world, it’s not always a bad idea to do your research on local laws and traditions. Not only could this keep you out of trouble, but it can also help you get the most out of your holiday. However, there are some weird and wonderful rules that surely nobody is expected to follow. Laws are intended to serve the purposes of the greater good. Sometimes that greater good may seem strange, unclear, or archaic. It leads one to wonder where these funny laws came from in the first place. Laws regulate all forms of human interaction and protect people from all forms of harm. Political scientists and philosophers always had an admiration for the rule of law and the law’s ability to control. However, some of these laws fail in their ability to control behavior because they are enforceable with the consent of the public. Funny laws are truly an international phenomenon, proving that Americans are not the only people capable of silly legislation. In Singapore, a person who is guilty of littering three times must clean the streets wearing a bib that reads “I’m a litterer”. This form of public humiliation apparently works as Singapore is one of the cleanest countries in all of Asia. In the United Kingdom, a law from the Middle Ages is still on the books that requires all males over the age of 14 to be trained in shooting a long bow. This is a funny law that remains on the books to this day and dates back to a time when England did not have a professional military. The law apparently paid off at the battle against France at Agincourt in 1415 where English long bowmen dominated. The Battle of Agincourt is also known as the place where the English long bowmen taunted French prisoners of war with the finger used to pull the bowstring. It is also illegal, in the United Kingdom, to die in either house of Parliament. Scottish homeowners must allow entry of people who need to use the toilet. In Wales, it is illegal to call any Welsh person English. A 1366 law from Ireland prevents English people from marrying Irish people. Bangladeshi children, 15 and older, can be sent to jail for cheating on their final exams. This funny law is apparently a no-laughing matter; apparently, a blemish on one’s permanent record can give someone a criminal record. In Australia, men are free to cross-dress as long as their dresses are not strapless. The reason behind this funny law is possibly a measure to prevent a cross dressing male’s wardrobe from “malfunctioning”. In Florida, USA it is illegal for a divorced or widowed woman to skydive on a Sunday afternoon. In Switzerland, it is illegal to flush a toilet after 10 p.m. Also, people who forget their car keys in an open car will be subject to fine. In Argentina, there is a law that states that Argentine night clubs must play the same amount of tango music as all other forms of music combined. It is on the books in China that a person must be intelligent to go to college. Married New Yorkers cannot get divorced on grounds of irreconcilable differences unless both marriage partners agree on those grounds. Lawmakers in Tennessee passed a law that makes it legal to carry a loaded firearm into a bar. It might be more appropriate to call that one a stupid law rather than a funny law but there’s a thin line between funny and stupid. In Denmark, it is legal to escape from prison. However, if a fugitive is caught, that prisoner must serve the remainder of his or her sentence. Quite frankly, what is the difference? Not all funny laws have to be archaic. In France, it is illegal to name a pig Napoleon. Apparently, this is disparaging to the name the great French general and emperor.
В статье авторы приводят примеры казуистики в юриспруденции. Некоторые законы могут показаться нелепыми для обывателя, но остаются незыблемыми в истории государств. Yüklə 1,51 Mb. Dostları ilə paylaş:
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