Continued Studies - 04/20/2005

PROXIMITY

GESTATION

04-20-2005

Continued Notes

From The

Independent Studies

Of

David A. Archer

02/15/1968

Observations

Pertaining To

Social Consistencies

Within The Idea

Of

Proximity Gestation

(r.f.p.p.s.h.)

04-20-2005

While reading Faguet’s “Dread Of Responsibility,” I have been moved to thinking about the United States in its current state, the brilliance that was the minds which conceived of this “third degree” of civilization – being representative democracy and perhaps a bit of what may seem as absurd, in an effort with which to augment that system as was designed.

I am put to this thought through the great amounts of attention being placed on the judicial system within this current read and with “The Cult Of Incompetence.” Though it is that much of Faguet’s opinion seems biased and even from a point of effort in doing damage to the “representative democracy,” it is that a person cannot help but to see much of the criticisms being true in our modern version of the “representative democracy.”

My thought in approaching the “problem(s)” with the judicial system, is really quite simple as am I.

In effect and action, the idea would be to appoint young lawyers just out of university, to the highest judicial seats in the country – at least in part of their posts. They then would progress through the judicial system in a way which would eventually result in appointments near retirement, in smaller communities – perhaps even their own of origin.

At first glance, this may seem as a type of discrimination based on age, though it is more in the effort of several effects, one of which being to provide the wisest judgments nearer “the people” –nearer the direct effects on society in those smaller communities - and another being to combat the stagnation of familiarity in the higher posts.

Likewise this would provide a trying ground for those with ambitions toward becoming a judge. Immediate results concerning ability would shine through.

It would also provide the youthful vigor which would augment the efficiency of such big exposure cases and their requirements for incredibly long hours – as well as the more “progressive” mind set of youth (as mentioned) being more a direct effect as well.

I would hope that if such became a process, that the young “judges” would also be required to commit to a period of “solitude” and added studies before entering that process. Perhaps similar to a monk in some respects.

I would think it possible then, from completion of said tenure, they could choose whether or not to continue out into the judicial system in that inverted course. Simply to continue in this musing, I think they should then be given other options as well, at that point I would think – but each option pertaining to the course of said judicial appointment in relation to that goal of eventual “community” stature.

I believe that in the event of such a hypothetical process – that the candidates for this judicial path shouldn’t be limited to fraternities, sororities, larger schools – and I feel it could be slowly implemented with the number of new “supreme court (for instance)” appointees growing through the years, in an effort not to clash entirely with the existing course and process until it is entirely played out as it has been engrained.

I believe as well, that such appointments shouldn’t be limited to the best scholastic marks either, not be beholding to any certain “party affiliation,” club, grouping, on and such…other than of course, the law.

I feel within this musing, that this would give representatives (and senators) more voice – providing for greater efficiency especially when those of that process reach their appointments in the smaller communities as members of those communities.

I should stress that the intention here is not to appoint federal judges to smaller communities…..but again, to bring the wisdom of experience from careers, into the more intimate settings. As well, “smaller communities” does not necessarily mean “rural,” smaller towns – but likewise does not rule them out either. It is very much concerning society throughout – yet again, to bring the experience of careers to office where they are most beneficial. Thus increasing the efficiency of communications as well. Again, I in no way expect to implement these thoughts into action… it is simply as per result in musing upon my current studies.