Law: Understanding the difference between what the law is and what it should be

Started by Martinus, September 29, 2009, 09:53:44 AM

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Valmy

Quote from: Martinus on September 29, 2009, 10:56:41 AM
I guess I follow in the footsteps of other lawyers, such as Robespierre or Lenin, in my reformatory zeal. ;)

And work pro bono?
Quote"This is a Russian warship. I propose you lay down arms and surrender to avoid bloodshed & unnecessary victims. Otherwise, you'll be bombed."

Zmiinyi defenders: "Russian warship, go fuck yourself."

Barrister

Quote from: Berkut on September 29, 2009, 10:45:09 AM
Funny, I am the opposite - I find debates on what the law should be vastly more interesting than arguing over the implications of what it actually is.

How can anyone say that the fundamental rules by which we organize our society are uninteresting, or even less interesting, than the details about how we apply the laws put down by others?

Perhaps this is the very definition of the "conservative".

I'll backtrack on my statement slightly.  I am interested and involved in the political process, so I do get interested on possible changes to the law.  I have had opportunity to make policy-type arguments in court about what the law should be.

But it's all fairly tightly constrained within what the existing law is, and what changes might be reasonably possible to implement.  So it's fascinating to debate exactly what restrictions should be imposed on a sex offender.  I don't find it nearly as interesting to go further back and say 'well these people shouldn't have been sex offenders in the first place'.

You can talk about the "fundamental rules by which we organize society", but I suppose that's exactly it.  Those fundamental rules don't change.  So if talking about a western parliamentary democracy and some issue comes up, and then someone chimes in about how Marx had it right, well, that's great the person thinks that way, but it just can't be debated.
Posts here are my own private opinions.  I do not speak for my employer.

ulmont

Quote from: grumbler on September 29, 2009, 10:53:38 AM
It is easier to convince someone what the law should say than what it does say. 

I think I disagree.

Quote from: grumbler on September 29, 2009, 10:53:38 AM
If success in convincing is your measure of achievement, though, you are probably in the wrong forum.  :cool:

Yes.  I'm just here for the insults and Ukrainian sand animation.

Martinus

Quote from: Valmy on September 29, 2009, 10:59:16 AM
Quote from: Martinus on September 29, 2009, 10:56:41 AM
I guess I follow in the footsteps of other lawyers, such as Robespierre or Lenin, in my reformatory zeal. ;)

And work pro bono?

Actually I joined the post graduate human rights course this autumn/winter with the aim of eventually starting a revolution and drowning Poland in blood working pro bono.

Caliga

Quote from: Martinus on September 29, 2009, 11:01:53 AM
Actually I joined the post graduate human rights course this autumn/winter with the aim of eventually starting a revolution and drowning Polish catholicism in blood working pro bono.
Your post was more worthy before you edited it.  :(
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Martinus

Quote from: Barrister on September 29, 2009, 10:59:52 AM
Quote from: Berkut on September 29, 2009, 10:45:09 AM
Funny, I am the opposite - I find debates on what the law should be vastly more interesting than arguing over the implications of what it actually is.

How can anyone say that the fundamental rules by which we organize our society are uninteresting, or even less interesting, than the details about how we apply the laws put down by others?

Perhaps this is the very definition of the "conservative".

I'll backtrack on my statement slightly.  I am interested and involved in the political process, so I do get interested on possible changes to the law.  I have had opportunity to make policy-type arguments in court about what the law should be.

But it's all fairly tightly constrained within what the existing law is, and what changes might be reasonably possible to implement.  So it's fascinating to debate exactly what restrictions should be imposed on a sex offender.  I don't find it nearly as interesting to go further back and say 'well these people shouldn't have been sex offenders in the first place'.

You can talk about the "fundamental rules by which we organize society", but I suppose that's exactly it.  Those fundamental rules don't change.  So if talking about a western parliamentary democracy and some issue comes up, and then someone chimes in about how Marx had it right, well, that's great the person thinks that way, but it just can't be debated.

The problem with debating what the law is on a forum like Languish is that with people coming from a multitude of jurisdictions, it is often quite futile.

Martinus

Quote from: Caliga on September 29, 2009, 11:03:13 AM
Quote from: Martinus on September 29, 2009, 11:01:53 AM
Actually I joined the post graduate human rights course this autumn/winter with the aim of eventually starting a revolution and drowning Polish catholicism in blood working pro bono.
Your post was more worthy before you edited it.  :(

I edited it back - I just thought that "bathing in blood" was an incorrect expression.

Caliga

Quote from: Martinus on September 29, 2009, 11:04:45 AM
I edited it back - I just thought that "bathing in blood" was an incorrect expression.
Drowning Poland in blood is the part that gave me a stiffy. :)
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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

C.C.R.

Quote from: Martinus on September 29, 2009, 11:03:37 AM
The problem with debating what the law is on a forum like Languish is that with people coming from a multitude of jurisdictions, it is often quite futile.

Disagree.  The problem with debating what the law is on a forum like Languish is that people have different definitions about what a "Debate" actually is...

Caliga

Quote from: C.C.R. on September 29, 2009, 11:09:27 AM
Quote from: Martinus on September 29, 2009, 11:03:37 AM
The problem with debating what the law is on a forum like Languish is that with people coming from a multitude of jurisdictions, it is often quite futile.

Disagree.  The problem with debating what the law is on a forum like Languish is that people have different definitions about what a "Debate" actually is...
:lol: A little bit from Column A, a little bit from Column B.
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dps

Quote from: MadImmortalMan on September 29, 2009, 10:53:14 AM
Beeb's job is to uphold the current law. His understanding of them and his training in what they are is the reason he's good at his job.

Do we have any evidence of that?   :P

See, I look at the "Are you sure you're a lawyer" comments that Marty gets and what I just posted about BB as more-or-less friendly kidding around.  But Marty gets it all the time, while I think I'm pretty much the only one who makes posts implying or outright stating that BB isn't very good at his job, so there's probably more to it.

Ed Anger

Quote from: C.C.R. on September 29, 2009, 11:09:27 AM
Quote from: Martinus on September 29, 2009, 11:03:37 AM
The problem with debating what the law is on a forum like Languish is that with people coming from a multitude of jurisdictions, it is often quite futile.

Disagree.  The problem with debating what the law is on a forum like Languish is that people have different definitions about what a "Debate" actually is...

What is this 'debate' thing you people are talking about? I'm right and everybody else is wrong. Let's talk about the weather.
Stay Alive...Let the Man Drive

Ed Anger

Quote from: C.C.R. on September 29, 2009, 10:07:38 AM


In my opinion, it should be legal for me to rip the arms off of my daughters' dates & beat the boys silly if I feel that They Cross The Line.

I'd vote for that.
Stay Alive...Let the Man Drive

Barrister

Quote from: dps on September 29, 2009, 11:39:04 AM
Quote from: MadImmortalMan on September 29, 2009, 10:53:14 AM
Beeb's job is to uphold the current law. His understanding of them and his training in what they are is the reason he's good at his job.

Do we have any evidence of that?   :P

You have: my good word. -_-
Posts here are my own private opinions.  I do not speak for my employer.