... sub-titled:
"The Impossible Dream: Reconciling California Law with the Rest of the Country."
BTW, the "superfluity" law comes from a chapter of our Civil Code which contains the so-called "Maxims of Jurisprudence". Some of them are (unintentionally, I'm sure), hilarious (this is not a complete list of the "maxims"):
3509. The maxims of jurisprudence hereinafter set forth are
intended not to qualify any of the foregoing provisions of this Code,
but to aid in their just application.
3510. When the reason of a rule ceases, so should the rule itself.
---------- Notice it says "should", not "does". <g>
3511. Where the reason is the same, the rule should be the same.
3512. One must not change his purpose to the injury of another.
3515. He who consents to an act is not wronged by it.
3516. Acquiescence in error takes away the right of objecting to it.
---------- How long do you think it's been since we followed this one?
3517. No one can take advantage of his own wrong.
3520. No one should suffer by the act of another.
3521. He who takes the benefit must bear the burden.
3523. For every wrong there is a remedy.
---------- Just sometimes you have to make it up yourself.
3525. Between rights otherwise equal, the earliest is preferred.
3526. No man is responsible for that which no man can control.
---------- Which is, of course, why a man should not be liable for debts incurred by his wife.
3527. The law helps the vigilant, before those who sleep on their rights.
3528. The law respects form less than substance.
---------- Yeah, right.
3529. That which ought to have been done is to be regarded as done,
in favor of him to whom, and against him from whom, performance is due.
---------- Whether it really happened that way or not.
3530. That which does not appear to exist is to be regarded as if
it did not exist.
---------- Even if it does.
3531. The law never requires impossibilities.
---------- And regards nothing as impossible.
3532. The law neither does nor requires idle acts.
---------- "Idle" = "inactive"!
3533. The law disregards trifles.
---------- In truth, there is no aspect of our lives these days which government finds to trivial to interfere with.
3534. Particular expressions qualify those which are general.
3535. Contemporaneous exposition is in general the best.
3536. The greater contains the less.
3537. Superfluity does not vitiate.
3538. That is certain which can be made certain.
---------- And the rest of it is certainly "uncertain".
3539. Time does not confirm a void act.
3542. Interpretation must be reasonable.
3545. Private transactions are fair and regular.
3546. Things happen according to the ordinary course of nature and
the ordinary habits of life.
3547. A thing continues to exist as long as is usual with things of
that nature.
---------- Wouldn't it be easier to see if it's still there?
3548. The law has been obeyed.
---------- The most hilarious of all. <G> ----- jim o\-S
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