OT - Rant against case law
Posted Nov 17, 2009 12:10 UTC (Tue) by Felix.Braun
In reply to: SamyGO: replacing television firmware
Parent article: SamyGO: replacing television firmware
But of course nobody is right or wrong until it's been heard in court.
<completly off-topic rant>
Just for the record, the quoted statement would only be true if courts could never be wrong. That is, if they had an authoritative say on what the law should be.
As a (non common law) lawyer, I take exception at this view. Judges are just opinionated people who have been handed some robes (and in the UK maybe some wigs) by the politicians. They are just as likely to make mistakes as the next guy. They are not inherently more likely to be right than anybody else, even *gasp* non-lawyers. Of course, judges themselves know this, and they therefore appreciate a well reasoned argument, no matter who makes it. Generally speaking, even after having decided a case.
Of course, in practice the legal traditions work out to be remarkably similar. But I really do blame the case law system with it's principle of stare decisis for instilling such an attitude of unreflected acceptance in otherwise critically thinking legal laymen.
SCNR </completly off-topic rant>
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