France far-right candidate compares justice minister to monkey

Started by Savonarola, October 18, 2013, 09:49:14 AM

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Malthus

Quote from: Valmy on October 21, 2013, 02:07:42 PM
'To prove my client's innocence might I bring the court's attention to Lex IV on the second of the Twelve Tables'

That's the spirit!  :D

Though in reality, most of the really ancient cites were given as examples of the historical progression of the law in some area. "As can be seen, until modern times the law on guardianship had remained consistent over many centuries on this point in the English Common Law, going back to the first mention in the Magna Carta ...". That sort of thing. 
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Malthus

Here's an example from our Supreme Court, which would definitely be a contender:

Quote41                              Long before the days of Lord Pratt C.J., the related idea of condemning a defendant to a multiple of what is required for compensation (in the present appeal, as stated, the punitive damages were roughly triple the award of compensatory damages) reached back to the Code of Hammurabi, Babylonian law, Hittite law (1400 B.C.), the Hindu Code of Manu (200 B.C.), ancient Greek codes, the Ptolemaic law in Egypt and the Hebrew Covenant Code of Mosaic law (see Exodus 22:1 "If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep").  Roman law also included provisions for multiple damages.  Admittedly, in these early systems, criminal law and civil law were not always clearly differentiated.  The United States Supreme Court in BMW, supra, referred at p. 581 to "65 different enactments [in English statutes] during the period between 1275 and 1753 [that] provided for double, treble, or quadruple damages".

http://www.canlii.org/en/ca/scc/doc/2002/2002scc18/2002scc18.html?searchUrlHash=AAAAAQAJaGFtbXVyYWJpAAAAAAE

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Barrister

Quote from: Malthus on October 21, 2013, 08:59:32 AM
Quote from: DontSayBanana on October 21, 2013, 08:23:48 AM
Quote from: Malthus on October 18, 2013, 01:36:14 PM
They are supposed to be law reporters, which come in huge matched sets. Our firm library has many of those, but stored on roller shelving.

These days, I assume sole pratitioners having them is a bit of an affectation; I imagine most would not bother, and just look up cases online.

Pretty much what I was told in my paralegal classes.  There might be a Black's Law Dictionary in there too, though.  Most attorneys in the US nowadays are going to just subscribe to LexusNexus or WestLaw's online archives instead of paying for new editions, and they just keep the ones they have for citing older cases.

Our firm has some law reporters that are pretty antique, dating back to the 19th century. Still occasionally referenced.

Just for shits and giggles, I went to check - the oldest reporter we have is the High Court of Admiralty & Ecclesiastical Courts reporter (Vol. 1), published in 1867. We have a reprint entitled the English Reports, printed in 1900, that collects much earlier cases - the earliest being Dominus Rex v. Viscount Purbeck, 1677 - about whether a Viscountship can be surrendered to the Crown. Not an issue that arises much these days.  :hmm:

My own personal law library has a set of the All ERs going back to the 16-17th century.  I also have have a long since out of print original set of the Western Law Reporter, with the first volume printed in 1905. :nerd:
Posts here are my own private opinions.  I do not speak for my employer.

The Brain

 :huh: Western Law is decided by Judge Colt and his jury of six in trials of triggernometry.
Women want me. Men want to be with me.

Syt

Quote from: Malthus on October 21, 2013, 02:11:04 PM
Quote from: Valmy on October 21, 2013, 02:07:42 PM
'To prove my client's innocence might I bring the court's attention to Lex IV on the second of the Twelve Tables'

That's the spirit!  :D

Though in reality, most of the really ancient cites were given as examples of the historical progression of the law in some area. "As can be seen, until modern times the law on guardianship had remained consistent over many centuries on this point in the English Common Law, going back to the first mention in the Magna Carta ...". That sort of thing.

What I love about English law is that "time immemorial" was originally defined as everything before 6 July 1189. :lol:

http://en.wikipedia.org/wiki/Time_immemorial
I am, somehow, less interested in the weight and convolutions of Einstein's brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops.
—Stephen Jay Gould

Proud owner of 42 Zoupa Points.

Ed Anger

Tony Benn can kiss my red white and blue ass.
Stay Alive...Let the Man Drive


Malthus

Quote from: crazy canuck on October 21, 2013, 03:38:35 PM
Quote from: Ed Anger on October 21, 2013, 03:29:57 PM
my red white and blue ass.

There is probably some form of medication you can take for that.

I assumed it's a side effect of the medications he's already taking.  :hmm:
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Razgovory

I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

The Brain

Women want me. Men want to be with me.

Capetan Mihali

Quote from: Capetan Mihali on October 18, 2013, 02:13:48 PM
We use the various statute books pretty frequently in public defender offices.  But the relevant ones (family/children, driving, criminal, procedure/evidence, appeal) only take up a single shelf in each attorney's room. 

Even with computer-semiliterate older people at poorly funded offices, the reporters are hardly ever used.

I used a reporter for the first time! :w00t: Looking up a 1906 criminal case (an Italian prosecuted for selling malt-extract from his pharmacy for "bibulous" purposes :yankee:) for language that would help in arguing that the Vermont constitution's "laws of the land" clause is broader/stronger due process protection than the federal.
"The internet's completely over. [...] The internet's like MTV. At one time MTV was hip and suddenly it became outdated. Anyway, all these computers and digital gadgets are no good. They just fill your head with numbers and that can't be good for you."
-- Prince, 2010. (R.I.P.)

Ed Anger

Stay Alive...Let the Man Drive

Eddie Teach

Quote from: The Brain on October 21, 2013, 03:58:27 PM
Quote from: Razgovory on October 21, 2013, 03:56:19 PM
Well, he did used to be called "monkey butt".

Wait. What? Ed is MB? Source?

What good would it do, I'm sure Raz's handwriting is illegible.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

The Brain

Quote from: Capetan Mihali on November 15, 2013, 10:20:14 AM
Quote from: Capetan Mihali on October 18, 2013, 02:13:48 PM
We use the various statute books pretty frequently in public defender offices.  But the relevant ones (family/children, driving, criminal, procedure/evidence, appeal) only take up a single shelf in each attorney's room. 

Even with computer-semiliterate older people at poorly funded offices, the reporters are hardly ever used.

I used a reporter for the first time! :w00t: Looking up a 1906 criminal case (an Italian prosecuted for selling malt-extract from his pharmacy for "bibulous" purposes :yankee:) for language that would help in arguing that the Vermont constitution's "laws of the land" clause is broader/stronger due process protection than the federal.

When you murder one for the first time you'll be in Putin's league. :)
Women want me. Men want to be with me.