Fred-Rick
2 min readMay 21, 2021

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An excellent reply, Kai, and the fun part is that it takes us immediately into the weeds.

I have never been a fan of arguing points with examples because there are plenty examples to argue any point. But... I believe this method is more common in Common Law because one needs to convince a judge or jury more in the moment. Therefore, the battle for the win (or for the benevolent judgement) is played out in court in the here and the now with whatever can be presented, and is therefore based less on the overall setting of the law. The better the lawyer, the better the chances. Dissatisfied groups will take it up a level, and sooner or later an army of lawyers become part and parcel of society.

I believe Napoleonic Law moved the quality of that legal battle straight to the political field, where the decisions for larger settings and larger groups and society as a whole are made. Subsequently, the army of lawyers is much smaller in these societies because the politicians are the ones that make a substantial amount of the legal decisions, and not the judges or juries.

In the US, our politicians make so few political decisions because they are lost in the Common Law setting, while the Supreme Court ends up making the political decisions because no one else can. I am sure you agree on this fine point.

I hope you see that your example of Hungary has its fall-out exactly in this political arena. If the nation is politically weak, then the political step down as described is what one can expect. The nation as a whole becomes a less desired nation, legally speaking.

Hungary is not the richest nation in Europe, and being of a lesser strength can make the desire to be stronger grow. Particularly when the elite is capable of convincing the nation how it should become a stronger nation, that is when we need to start paying close attention.

My final point is that a world in which the rich can buy their way toward desired legal outcomes can become the example for the strong in the weak nations. Common Law causes mayhem in other nations because the benefit is with the rich and this makes the rich in other nations desire the same mayhem. Napoleonic Law is not perfect either, but it always ends up with up being up and down being down for everyone involved.

Here an article (actually the first I found) comparing the number of lawyers per state/nations:

https://www.nomikosodigos.info/en/articles/824-overpopulation-of-lawyers-in-greece

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Fred-Rick
Fred-Rick

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