|
Daredevil Message Board The Board Without Fear!
|
The Message Board is currently in read-only mode, as the software is now out of date. Several features and pages have been removed. If/When I get time I intend to re-launch the board with updated software.
View previous topic :: View next topic |
Author |
Message |
james castle Devil in Cell-Block D
Joined: 30 Jul 2004 Posts: 1999 Location: Toronto, Ontario
|
Posted: Mon May 07, 2007 10:17 pm Post subject: |
|
|
Okay, so here's the oath. Well, the one I took anyway.
Quote: | THE BARRISTER'S OATH
You are called to the degree of Barrister-at-law to protect and defend the rights and interests of such citizens as you may employ you. You shall conduct all cases faithfully and to the best of your ability. You shall neglect no man's interest, nor seek to destroy anyone's property. You shall not be guilty of champerty or maintenance. You, shall not refuse causes of complaint reasonably founded, nor shall you promote suits upon frivolous pretences. You shall not pervert the law to favour or prejudice anyone, but in all things shall conduct yourself truly and with integrity. In fine, the Queen's interest and your fellow citizens you shall uphold and maintain according to the constitution and law of this Province. All this do you swear to observe and perform to the best of your knowledge and ability — so help you God. |
Basically it says you are supposed to uphold your clients' interests, not the law. You're supposed to uphold those interests according to the law but that's just a fancy way of saying you're not allowed to break the law. Again, no one's allowed to break the law anyway so nothing new there.
We lawyers do not swear to uphold the law. I did not swear to uphold the law. But feel free to keep telling me what my job is.
(and yes, I know it's a bit cheesey to pull the "well, actually I'm a lawyer so I know more" move. I was kinda hoping that someone else would break the news to poor Bell. in the end though, I'm a lawyer so I know more (about being a lawyer)). _________________ JC
So why can't you see the funny side?
Why aren't you laughing? |
|
Back to top |
|
 |
Murdock Bell Flying Blind
Joined: 26 Mar 2005 Posts: 87
|
Posted: Tue May 08, 2007 12:56 am Post subject: |
|
|
james castle wrote: |
We lawyers do not swear to uphold the law. I did not swear to uphold the law. But feel free to keep telling me what my job is. |
I never did--I was unaware that Murdock practiced law in British territory.
Meanwhile, back in the United States, my own state's (Florida) oath of admission to the bar contains the following statement:
"I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida;"
The Florida Bar's Creed of Professionalism elaborates:
"I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each. I will further my profession’s devotion to public service and to the public good. I will strictly adhere to the spirit as well as the letter of my profession’s code of ethics, to the extent that the law permits and will at all times be guided by a fundamental sense of honor, integrity, and fair play."
Now, I'm not 100 percent certain that the New York Bar's oath of admission and ethical guidelines reflect these sentiments exactly, but I'm sure they're probably closer to Florida's in spirit and specifics than they are yours.
I couldn't find the New York Bar's oath of admission, but I did come across the New York Lawyer's code of Professional Responsibility, and their idea of how a lawyer needs to conduct himself certainly seems closer to my view than yours:
"EC 1-5 A lawyer should maintain high standards of professional conduct and should encourage other lawyers to do
likewise. A lawyer should be temperate and dignified, and should refrain from all illegal and morally reprehensible
conduct. Because of the lawyer's position in society, even minor violations of law by a lawyer may tend to lessen
public confidence in the legal profession. Obedience to law exemplifies respect for law. To lawyers especially,
respect for the law should be more than a platitude."
As to what a lawyer should do when he or she finds a law unjust:
"EC 8-2 Rules of law are deficient if they are not just, understandable, and responsive to the needs of society. If a
lawyer believes that the existence or absence of a rule of law, substantive or procedural, causes or contributes to an
unjust result, the lawyer should endeavor by lawful means to obtain appropriate changes in the law. The lawyer
should encourage the simplification of laws and the repeal or amendment of laws that are outmoded. Likewise, legal
procedures should be improved whenever experience indicates a change is needed."
Last edited by Murdock Bell on Tue May 08, 2007 1:03 am; edited 1 time in total |
|
Back to top |
|
 |
Murdock Bell Flying Blind
Joined: 26 Mar 2005 Posts: 87
|
Posted: Tue May 08, 2007 1:02 am Post subject: |
|
|
Now, again, it's pretty clear that if Murdock had actual integrity and a sense of ethics in his capacity as a lawyer, he'd quit being a vigilante.
However, it's clear that Matt truly believes that his own personal code of justice supercedes the law, and that repeatedly and flagrantly breaking the law is justified in pursuit of it.
Since that's the case, he should quit being a lawyer. He doesn't, because, like most people, he's flawed, and believes he does more good as both a lawyer and hero whether the latter makes a mockery of the former or not.
However, let's not kid ourselves--his dual identity is a flaw, and one with a hypocritical dimension at that. |
|
Back to top |
|
 |
james castle Devil in Cell-Block D
Joined: 30 Jul 2004 Posts: 1999 Location: Toronto, Ontario
|
Posted: Tue May 08, 2007 8:16 am Post subject: |
|
|
Well, I guess we should track down the New York oath (if there is one). The regulations you list say nothing other than that a lawyer should be nice. That's a far cry from upholding the law.
As for the Florida oath. Wow. On one hand, I guess it's a oath from a Southern state so I shouldn't be too surprised by it's...content.
I think there's a good chance that the New York oath would be closer to a Canadian (British) oath insofar as New York, as a state, has always been closer to Canada in terms of legal traditions. Remember when New York was trying to stop the south from having slaves and being otherwise not very good at having just legal institutions? Ah, good times. Citing the Floria bar oath is almost irrelevant given the US's state by state structure and New York vs. Florida history.
On the other hand, New York is in the states and givin' the countries behaviour as of late maybe all their oaths are quite different from ours. I think we have something against locking people up for no reason and torturing them. You guys may not have that bit.
Of course this is all one big sidetrack. The original point was that you listened to too much Smith and Joey Q and didn't read the comic enough. I'm still open to you giving me an example from the comic where Matt expresses mixed feelings about being a lawyer and Daredevil at the same time. You haven't so far. Perhaps because you can't.
Focus on the comics. That's my advice to you. It's much more fun then momerizing Joe Fridays. _________________ JC
So why can't you see the funny side?
Why aren't you laughing? |
|
Back to top |
|
 |
Murdock Bell Flying Blind
Joined: 26 Mar 2005 Posts: 87
|
Posted: Tue May 08, 2007 9:34 am Post subject: |
|
|
james castle wrote: |
The original point was that you listened to too much Smith and Joey Q and didn't read the comic enough.
|
james castle wrote: |
Focus on the comics. That's my advice to you. It's much more fun then momerizing Joe Fridays. |
This nonsense again?
Frank Miller (1994, Man Without Fear): "He's loner, a sinner, a lawyer who breaks the law."
Oh my God!
That ingnoramus Frank Miller was listening to too much Smith and Quesada! Back in the early 90's!
Apparantly, Quesada and Smith can brainwash people retroactively, as Marvel has finally built their first time machine.
Pray for Miller and I.
...pray for us all.
james castle wrote: | Well, I guess we should track down the New York oath (if there is one). The regulations you list say nothing other than that a lawyer should be nice. That's a far cry from upholding the law. |
"Obedience to law exemplifies respect for law. To lawyers especially, respect for the law should be more than a platitude."
That's from the New York Lawyer's Code of Professional Responsibility, again, and is clearly saying more than a lawyer "should be nice."
james castle wrote: |
As for the Florida oath. Wow. On one hand, I guess it's a oath from a Southern state so I shouldn't be too surprised by it's...content. |
Yeah, a lawyer should respect the law at all times and conduct himself with dignity and respect for others--scandalous!
Of course, the New York Lawyer's Code of Professional Responsibility seems to agree with it, so I'm betting the law is treated with similar respect in New York's professional law circles.
james castle wrote: |
I think we have something against locking people up for no reason and torturing them. You guys may not have that bit. |
Actually we do. Those current problems are a direct result of the Bush Administration's apparant complete and utter disrespect for the law and the Constitution, in favor of their own personal beliefs and/or desires (depending on how cynical you are).
Situations like this arise precisely when people who don't believe in the guidelines listed above make it to positions of power. |
|
Back to top |
|
 |
james castle Devil in Cell-Block D
Joined: 30 Jul 2004 Posts: 1999 Location: Toronto, Ontario
|
Posted: Tue May 08, 2007 11:06 am Post subject: |
|
|
Sigh.
Two things:
1. This debate has not been about "respecting" the law, but "upholding" it. Go reread it if you don't believe me. I've said lawyers don't uphold the law. Nothing you've brought up (except for the Florida stuff (which doesn't count because people don't even have the right to vote there)) comes close to challanging what I've said in that regard.
2. Frank Miller talking about the comic isn't the comic. I want an example from the text.
This debate is almost over as it's making me sad. _________________ JC
So why can't you see the funny side?
Why aren't you laughing? |
|
Back to top |
|
 |
Murdock Bell Flying Blind
Joined: 26 Mar 2005 Posts: 87
|
Posted: Tue May 08, 2007 11:59 am Post subject: |
|
|
james castle wrote: | Nothing you've brought up (except for the Florida stuff (which doesn't count because people don't even have the right to vote there)) comes close to challanging what I've said in that regard. |
Interesting.
So the New York Bar's Code of Professional Responsiblity--the very guidelines for a lawyer's ethics in that state--and The Florida Bar's Oath of Admission don't count because...you don't feel like it should.
Right.
james castle wrote: |
2. Frank Miller talking about the comic isn't the comic. |
No offense, but Frank Miller's take on Daredevil certainly carries more weight insofar as what actually defines the character than either of us.
You've been arrogant enough to claim that all who subscribe to that view are brainwashed fanboys who parrot what Quesada says...
...but the bottom line is that when Frank Miller has been saying the same thing, starting at least more than a decade ago, it makes your condescension look a bit silly and dumb.
Every issue where Matt practices law while simultaneously breaking all kinds of laws as DD is evidence of what Frank is talking about. I don't need to bring up a scene of Matt being conflicted about it, because that's the whole point--he's a hypocrite about the entire situation, and usually doesn't trouble himself with the contradiction at all. |
|
Back to top |
|
 |
james castle Devil in Cell-Block D
Joined: 30 Jul 2004 Posts: 1999 Location: Toronto, Ontario
|
Posted: Tue May 08, 2007 12:08 pm Post subject: |
|
|
Frank Miller's word is not the end all be all when it comes to DD. Especially not his word as spoken in the 90s. Did you read Man Without Fear? I'm going to assume you didn't so just let me tell you that there is much debate as to whether it's cannon DD or not. Elektra is a giggling psychopath and Matt kills somebody. I love Frank Miller's work. Mostly because he's unpredictable and a little crazy. After Dark Knight Returns most people think Frank is the end all be all of Batman mythology. Strikes Again and All-Stars tell a different tale. Same with DD. His 80s DD is cannon. His later takes on DD? not so much.
As for the legal stuff (sigh, I can't believe I'm even arguing this with what is almost certainly a high schooler): the NY stuff doesn't count because 1) it's not an oath and 2) it doesn't say what you think it says. The Florida stuff doesn't count because NY is more like Toronto than it is like Florida. Don't tell me you disagree with that statement.
Okay, now I'm done. Run along little one. I assume your copy of Clerks II is getting cold. _________________ JC
So why can't you see the funny side?
Why aren't you laughing? |
|
Back to top |
|
 |
Murdock Bell Flying Blind
Joined: 26 Mar 2005 Posts: 87
|
Posted: Tue May 08, 2007 12:49 pm Post subject: |
|
|
james castle wrote: | (sigh, I can't believe I'm even arguing this with what is almost certainly a high schooler) |
It's funny that you accuse me of being a high schooler, when all throughout the thread, you've been the one to hurl out pointlessly petty, childish little insults and digs at those who disagree with you.
I wasn't even the one you were arguing with at first, nor the first one you hurled the Smith fanboy insult at in this thread, but your immature behavior and flimsy arguments compelled me to post.
I'm not surprised you had to fall back on trying to tar me with the same brush, even though in actuality I strongly disliked Smith's run on the title, and have been reading DD for decades. It seems like the only ammunition you really have, particularly at this point, which is why it's no surprise that this last post of yours was more immature in that respect than ever.
james castle wrote: | Frank Miller's word is not the end all be all when it comes to DD. |
No one said it did, but, likewise, he's certainly not a Kevin Smith fanboy who's never read a Daredevil comic, nor, obviously, did the ideas he discussed originate with Joe Quesada.
I should also point out that Frank had been saying this since the 80's, and is the reason he emphasized Matt's Catholicism in the first place.
james castle wrote: |
the NY stuff doesn't count because 1) it's not an oath and 2) it doesn't say what you think it says. The Florida stuff doesn't count because NY is more like Toronto than it is like Florida. Don't tell me you disagree with that statement. |
No, it's not an oath--it's only the ethical guidelines for how a lawyer in the state should behave.
Additionally, I find your completely ignorant comments about Florida hilarious--if you knew what you were actually talking about, you'd know that South Florida's relationship to the rest of the state is very much like the one between NYC and the rest of NY, and that there are strong conservative elements in both that the more liberal, urban areas have to butt up against.
But, don't let anything like facts get in the way of your backward prejudices.
james castle wrote: |
Okay, now I'm done. Run along little one. I assume your copy of Clerks II is getting cold. |
Yup, that sure is a grown up, mature point you made.
Incidentally, I really hope this thread isn't reflective of your prowess as an actual lawyer. |
|
Back to top |
|
 |
Francesco Underboss
Joined: 08 Jun 2006 Posts: 1307
|
Posted: Tue May 08, 2007 12:52 pm Post subject: |
|
|
As soon as you guys are finished discussing about what a lawyer is and what isn't in regard to "upholding teh law" (which his utterly useless, considering that we should focus on what Murdock thinks of himself as a lawyer), you can pick up DD #191 ("the 80's DD", not MWOF) and read that Daredevil clearly states why he decided to become a lawyer, at the same time explaining what he thinks about upholding laws and rules. |
|
Back to top |
|
 |
Francesco Underboss
Joined: 08 Jun 2006 Posts: 1307
|
Posted: Tue May 08, 2007 1:03 pm Post subject: |
|
|
Quote: | It's funny that you accuse me of being a high schooler, when all throughout the thread, you've been the one to hurl out pointlessly petty, childish little insults and digs at those who disagree with you.
I wasn't even the one you were arguing with at first, nor the first one you hurled the Smith fanboy insult at in this thread, but your immature behavior and flimsy arguments compelled me to post. |
Man, I didn't notice that.
Now he will probably play his trump: say that you're "intolerant towards different opinions" and/or calling you a "raging hypocrite", leaving you utterly confused as to how a hypocrite could possibly be "raging" (maybe it's something similar to the incredible Hulk). |
|
Back to top |
|
 |
james castle Devil in Cell-Block D
Joined: 30 Jul 2004 Posts: 1999 Location: Toronto, Ontario
|
Posted: Tue May 08, 2007 1:47 pm Post subject: |
|
|
Francesco wrote: | As soon as you guys are finished discussing about what a lawyer is and what isn't in regard to "upholding teh law" (which his utterly useless, considering that we should focus on what Murdock thinks of himself as a lawyer), you can pick up DD #191 ("the 80's DD", not MWOF) and read that Daredevil clearly states why he decided to become a lawyer, at the same time explaining what he thinks about upholding laws and rules. |
What does he say? My copy is very far away.
As for MB - yes, yes, I tend to get insulting from time to time. it's not my fault. The higher you climb on your high horse the harder I have to throw the rocks to hit you. _________________ JC
So why can't you see the funny side?
Why aren't you laughing? |
|
Back to top |
|
 |
Gloria Redemption

Joined: 28 Apr 2007 Posts: 711 Location: Suburbia around Barcelona
|
Posted: Tue May 08, 2007 2:02 pm Post subject: |
|
|
Francesco wrote: | As soon as you guys are finished discussing about what a lawyer is and what isn't in regard to "upholding teh law" (which his utterly useless, considering that we should focus on what Murdock thinks of himself as a lawyer), you can pick up DD #191 ("the 80's DD", not MWOF) and read that Daredevil clearly states why he decided to become a lawyer, at the same time explaining what he thinks about upholding laws and rules. |
"Roulette" a topping story oif Miller's first run. Indeed, Matt 's driving motive is "justice" whethern it is "by the book" or as a vigilante (and as an alegal vigilante, Matt is not inclined to break the law, I mean, he won't steal or kill).
To keep the mighty from harming the weak... It is tipical in that most stories Matt decides to defend someone whom anybody else believes guilty, because he knows he/she is innocent. _________________ Gloria
Devuélveme el rosario de mi madre y quédate con todo lo demás
"Para la cuesta arriba quiero mi burro, que la cuesta abajo yo me la subo" |
|
Back to top |
|
 |
Neilan Tree of Knowledge
Joined: 27 Mar 2007 Posts: 216 Location: Southampton, PA
|
Posted: Tue May 08, 2007 3:02 pm Post subject: |
|
|
Since we have gotten so off-topic.
At my daughter's Middle School (6th-8th grade), when the kids disagree with each other, they get really personal and many times vicious, hurling insults and curses like it was a matter of life and death. I'm proud that my kid is one of a small percentage who doesn't behave that way. She believes that you should attack the argument, not the arguer, and that that is how her peers will behave once they reach the maturity of adulthood.
I think I'll steer her away from this board so she doesn't see how some supposed adults really act. _________________ It's never too late to have a happy childhood! |
|
Back to top |
|
 |
james castle Devil in Cell-Block D
Joined: 30 Jul 2004 Posts: 1999 Location: Toronto, Ontario
|
Posted: Tue May 08, 2007 3:38 pm Post subject: |
|
|
Sigh. Yes, I throw a couple barbs in which my argument (although they are usually of the "that's a stupid things to say" variety). But it's people like N and MB who end the argument by appealing to form rather than substance. After failing entirely to deal with my substantive points (still waiting for that example boys) they break down into attacking my argument style.
It so quickly goes from "you're wrong" to "you're mean". The later only ever comes up once there's been a complete failure to show the former.
As for the adult/child thing. "Everyone should be candy sweet nice to each other all the time". Grow up kids. _________________ JC
So why can't you see the funny side?
Why aren't you laughing? |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
Powered by phpBB © phpBB Group
|