Are you becoming more open, more accepting of different views? Many years ago, I thought people saw the world pretty much the same as I did. Then I heard the term "world view" and learned about personality types and it dawned on me that eccentricity appeals to me nearly as much as wisdom.
mortgages, powers of attorney, and other instruments relating to or affecting
the title to real estate in this state, shall be recorded in the county in
which such real estate is situated."
What do you think it means -- that if someone gives you an Illinois mortgage, you must record it, or if you want to record it and obtain the protections of the statute, you may do so? I asked my most influential friend, Karen, and she said you may. As it turns out, she and Judge Posner agree.
Here's what he said: “[S]uppose
a department store posts the following notice: ’All defective products must be
returned to the fifth floor counter for refund.’ Obviously this is not a
command that defective products be returned; the purchaser is free to keep a
defective product, throw it out, or give it as a present to his worst friend.
There’s an implicit ‘if’ in the command: If
you want to return a product and get a refund, here’s where you have to
return it.” The statute similarly may
mean that if you want to record your property interest you must do so in the
county in which the property is located. In the context, that is the better
I had to Google "shall." One of the first hits was a law professor's blog, where he said "shall" is the most misused word in legal terminology.
As I considered this, I thought of one of my pet peeves. I hate it when someone says, "We can't do that," as in "Would you take $50 instead of your stated $55 price?" and they answer, "Oh, no, we can't do that." Or, "How about if I send you an email authorizing that?" and they answer, "Oh no, we can't accept an email; we need a fax or a letter." I want to say, "Yes you can; you just don't want to or you aren't willing to."
Virginia says, "We lie, we're used to lying, that's what people do."
I'd like to disagree. They're not lying when they say "can't." They're just using a different definition from my definition of the word "can't."
Although my friend has prompted me to be more critical of Posner opinions, she may have helped me like them even more. I think Oscar Wilde is credited for saying, "
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