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• Perspective (Score:2)

  by ziggy (25)

  To take a legal example: are the courts obliged to mindlessly repeat the patterns in precedence, for the sake of consistency (which is argued to be a specific form of "equal treatment under the law"), even when precedent is plainly unfair in other aspects?

  First, IANAL, but I have received impeccable legal training from The Networks over the years through such fine programming as Ally McBeal, LA Law, Law & Order (all three), Philly, and The Simpsons. :-)

  Now, with the disclaimers out of the way, I
  • Re:Perspective (Score:1)

    by pudge (1)

    But "law in this particular instance" I think missing what TorgoX is saying. What if even that is unfair? What if we decide previous precedents are *wrong*, and if we had to do them over again, we would judge them differently than we did at the time? Are we obligated to go along for the sake of consistency?
    
    I think Yes, we are, *unless* we decide that we were wrong before and therefore set a new precedent (all other things being equal, the more recent precedent wins out). That is exactly what happens o
    • Re:Perspective (Score:1)

      by TorgoX (1933)

      Sure, economics plays a role in how they react to us, and vice versa, but even if it didn't, China just isn't going to try to use their weapons against us in the forseeable future

      If not for economic reasons, why wouldn't China's government start a war with the US's government, and/or vice versa?
      • Re:Perspective (Score:1)

        by pudge (1) on 2002.02.14 8:12 (#4489) Homepage Journal

        Why WOULD they?

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