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The Relationship Between the Law and Common Sense

Written by: Michael Hassen

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Lawsuits

Posted over 2 years ago. 2 helpful votes, 0 comments

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Ask yourself how you would feel if the situation were reversed.

While the phrase "do unto others as you would have them do unto you" is biblical rather than legal, it bears a strong relationship with this country's legal system. Specifically, people on Avvo have asked questions such as, "Can I film someone having sex with me and using drugs without their permission?" Or, "Can I secretly access my ex-spouse's bank account information and use it against them in court?" These, and a thousand similar questions, could be answered by considering the question, "How would I feel if I found out that someone had done that to me?" Most people protect their financial privacy, and would be offended if they learned that someone had secretly accessed it. Most people would not look kindly on learning that a secret video had been made showing that they had violated drug laws and/or been photographed in the nude. It really is a matter of common sense.

Laws were enacted by legislatures, made up of laypeople as well as lawyers.

This common sense approach to the legality of certain issues makes sense when one considers that laws were not enacted solely by lawyers but by individuals from every walk of life who come together to form the state and federal legislative bodies. These individuals, in part, consider laws from a personal perspective -- i.e., how would it affect me? So it is a good rule of thumb to think of the situation being reversed before you act.