Legal Rules and Logical Exceptions

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

©Copyright 2010 by Anthony J. Fejfar

Both Common Law Rules and Statutory Rules provides rules for Judges to follow

when applying the Law. Following Magna Charta, the British Constitution, and, the

Pennsylvania Charter of 1681, and, the Substantive Due Process Clause of the 5th and 14th

Amendments to the United States Constitution, it is clear that all laws in a legal system

must be reasonable. Put another way, all laws in a Legal System have a reasonable scope

of application. Recall, of course, that reason is defined as a composite of love, logic,

and intuition. Given this situation, it is clear that every law in a legal system, which is

constitutional, is subject to logical exceptions based on Public Policy analysis which

starts with the Natural Law Principles of Life, Liberty, and the Pursuit of Happiness,

found in the Declaration of Independence. Thus, a law which prohibits crossing in a

crosswalk on a “Don’t Walk” sign, is subject to logical exception when a car driven by a

drunk driver goes up on the curb and threatens to hit the person waiting to cross the

street. In this situation it would not be a crime for the person to jump into the crosswalk

“illegally” in order to avoid being hit by the car. On logical exception, based on Public

Policy, it is clear that this move by the person into the crosswalk would not be a crime at

all.