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post #31 of 34 (permalink) Old 03-27-2007, 01:26 PM
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Now, now, didn't your mom teach you to share? Vietnam belongs to everyone! Kosovo, hey, I'll take that one, it is the best example of exactly how wars of the Information Age should be fought. Iraq, now, that one is all yourin, pee pee.
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post #32 of 34 (permalink) Old 03-27-2007, 01:46 PM
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My father was a union rep and always said that there is Legal and there is Right. In the highly structured environment of Hart’s world you can accommodate most of the legal issues that cross the bench. If everything is equal [and everyone equal] that should work. However, as Bot said, a combination of both is more practical in that there are exceptions that defy the common sense of bound law. The introduction of juries and judges with discretion allow for that leeway.

Dave brought up constructionist judges. YES, we have activist judges that try and write legislation from the bench and that should keep ol’ Dworkin at bay if at all possible. In a perfect world [Key West, April 1968] you would not have to protect against activist judges but reality and experience has shown that we do. With politics today you can pretty much find a judge to issue a restraining order to protect a ham sandwich.

Back to what is Legal and what is Right. We have to live within the confines of what is Legal until we change the laws through normal processes. Getting what is Right in the mean time, to address exceptions takes a certain amount of Dworkinian Discretion.

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Being smart is knowing the difference, in a sticky situation between a well delivered anecdote and a well delivered antidote - bear.
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post #33 of 34 (permalink) Old 03-27-2007, 03:17 PM
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Originally Posted by FeelTheLove
Now, now, didn't your mom teach you to share? Vietnam belongs to everyone! Kosovo, hey, I'll take that one, it is the best example of exactly how wars of the Information Age should be fought. Iraq, now, that one is all yourin, pee pee.
Viet Nam is all youse guys. I was a pawn. And you were what you are.

B
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post #34 of 34 (permalink) Old 03-27-2007, 03:32 PM
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Originally Posted by mcbear
My father was a union rep and always said that there is Legal and there is Right. In the highly structured environment of Hart’s world you can accommodate most of the legal issues that cross the bench. If everything is equal [and everyone equal] that should work. However, as Bot said, a combination of both is more practical in that there are exceptions that defy the common sense of bound law. The introduction of juries and judges with discretion allow for that leeway.

Dave brought up constructionist judges. YES, we have activist judges that try and write legislation from the bench and that should keep ol’ Dworkin at bay if at all possible. In a perfect world [Key West, April 1968] you would not have to protect against activist judges but reality and experience has shown that we do. With politics today you can pretty much find a judge to issue a restraining order to protect a ham sandwich.

Back to what is Legal and what is Right. We have to live within the confines of what is Legal until we change the laws through normal processes. Getting what is Right in the mean time, to address exceptions takes a certain amount of Dworkinian Discretion.
No offence but what the f**k would unions know about what was right? They're the biggest bunch of unethical legal racket runners since the beginning of time.
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