Post by Kiwi Frontline on Mar 26, 2021 9:28:47 GMT 12
MAORI LORE
What is so surprising is that these separatist notions are being peddled in our law schools. Thus it passes comprehension how requiring that the law be taught and practiced in the Maori language and embodying early tribal customs can advance its social acceptance or utility, or in any way promote the interests of Maori people given that with vanishing few exceptions all Maori speak English and resort to the common law courts with gusto when it suits them. The sole function of a law school is to educate students in the precepts of the common law comprising statute and case law. Leaving aside the futility of the massive task of translating the existing legal sources into Maori the simple fact is that the law does not exist to address historic grievances, or to prevent a language falling into desuetude. One would have thought that this is obvious beyond debate, but apparently not so to some of those who are charged with educating our young people in understanding the law. Those who promote mixing, undefined Maori values with the common law seem to forget what is the purpose of the teaching of law; it is to train those who would provide legal services to the public which in turn will assist in the peaceful and orderly resolution of disputes. For those who sit on the courts their sole function is to apply the law in resolving those disputes. To somehow confuse this crucial social necessity by mixing in the beliefs of an early tribal society with a universally applicable legal system is to display the most fundamental ignorance of why the common law exists at all and Judges of our superior courts who tinker with this populist nonsense are playing with fire: they do a grave disservice to the law, and the harmony of the society which it exists to serve. One does wonder whether some of our superior court judges who are keen to undertake these experiments have even a fleeting acquaintance with the; history, purpose and application of the common law as standing above these ephemeral media driven causes......
Read Anthony Willy’s full NZCPR guest commentary here > www.nzcpr.com/maori-lore/#more-34459
What is so surprising is that these separatist notions are being peddled in our law schools. Thus it passes comprehension how requiring that the law be taught and practiced in the Maori language and embodying early tribal customs can advance its social acceptance or utility, or in any way promote the interests of Maori people given that with vanishing few exceptions all Maori speak English and resort to the common law courts with gusto when it suits them. The sole function of a law school is to educate students in the precepts of the common law comprising statute and case law. Leaving aside the futility of the massive task of translating the existing legal sources into Maori the simple fact is that the law does not exist to address historic grievances, or to prevent a language falling into desuetude. One would have thought that this is obvious beyond debate, but apparently not so to some of those who are charged with educating our young people in understanding the law. Those who promote mixing, undefined Maori values with the common law seem to forget what is the purpose of the teaching of law; it is to train those who would provide legal services to the public which in turn will assist in the peaceful and orderly resolution of disputes. For those who sit on the courts their sole function is to apply the law in resolving those disputes. To somehow confuse this crucial social necessity by mixing in the beliefs of an early tribal society with a universally applicable legal system is to display the most fundamental ignorance of why the common law exists at all and Judges of our superior courts who tinker with this populist nonsense are playing with fire: they do a grave disservice to the law, and the harmony of the society which it exists to serve. One does wonder whether some of our superior court judges who are keen to undertake these experiments have even a fleeting acquaintance with the; history, purpose and application of the common law as standing above these ephemeral media driven causes......
Read Anthony Willy’s full NZCPR guest commentary here > www.nzcpr.com/maori-lore/#more-34459