Decisionism
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by The Parkus Empire » Sat Apr 21, 2018 5:27 am
by Petrolheadia » Sat Apr 21, 2018 5:28 am
by The Parkus Empire » Sat Apr 21, 2018 5:29 am
by Petrolheadia » Sat Apr 21, 2018 5:31 am
by Vassenor » Sat Apr 21, 2018 5:32 am
by The South Falls » Sat Apr 21, 2018 5:34 am
by The Parkus Empire » Sat Apr 21, 2018 5:34 am
by The Parkus Empire » Sat Apr 21, 2018 5:37 am
by Petrolheadia » Sat Apr 21, 2018 5:38 am
The Parkus Empire wrote:Petrolheadia wrote:A.K.A. living document.
William Blackstone's jurisprudence (which was accepted by all legal proponents of the American Revolution, and which was what the U.S. Constitution presumes), when judging equity ("equity" means what is not covered by the letter of the law) a law is to be interpreted according to *the reason it was made*. This is referred to as "Originalism" (contrary to popular belief, "Originalism" does not mean "only covering situations existing at the time the law was written", and Blackstone stresses this: the reason the law was made, is what allows it to be applied to unforseen developments; Originalism is a method for judging equity). Progressives by contrast adhere to what in the United States is called, "Living Document" theory, which says that the reason for a law can change. Living Document theory grew out of the Darwinist craze, which tried to apply Darwin from everything to society and eugenics and art, to law.
by Petrolheadia » Sat Apr 21, 2018 5:38 am
by The Parkus Empire » Sat Apr 21, 2018 5:45 am
Petrolheadia wrote:The Parkus Empire wrote:
William Blackstone's jurisprudence (which was accepted by all legal proponents of the American Revolution, and which was what the U.S. Constitution presumes), when judging equity ("equity" means what is not covered by the letter of the law) a law is to be interpreted according to *the reason it was made*. This is referred to as "Originalism" (contrary to popular belief, "Originalism" does not mean "only covering situations existing at the time the law was written", and Blackstone stresses this: the reason the law was made, is what allows it to be applied to unforseen developments; Originalism is a method for judging equity). Progressives by contrast adhere to what in the United States is called, "Living Document" theory, which says that the reason for a law can change. Living Document theory grew out of the Darwinist craze, which tried to apply Darwin from everything to society and eugenics and art, to law.
In other words, both get to the idea that the law needs to change to accomodate historical changes.
by The Parkus Empire » Sat Apr 21, 2018 5:47 am
by Vassenor » Sat Apr 21, 2018 5:49 am
by Conserative Morality » Sat Apr 21, 2018 5:50 am
The Parkus Empire wrote:Petrolheadia wrote:You might wanna apply an exthunguisher to your pants.
To give an example, the article against unreasonable search and seizure was not meant to prohibit outlawing abortion (which of course was outlawed back then). That was not its purpose. It is a new purpose assigned to it much, much later
by The Tomerlands » Sat Apr 21, 2018 5:52 am
Albrenia wrote:The Tomerlands wrote:
Mentally competent tests are stupid as well and was another thing that was used to keep African Americans from voting.
In this case mental competence basically means you are aware enough of your surroundings to make your wishes known. Only the seriously mentally handicapped (such as one person I have known) would ever fall under that umbrella.
by The Parkus Empire » Sat Apr 21, 2018 5:58 am
by The Parkus Empire » Sat Apr 21, 2018 5:59 am
Conserative Morality wrote:The Parkus Empire wrote:To give an example, the article against unreasonable search and seizure was not meant to prohibit outlawing abortion (which of course was outlawed back then). That was not its purpose. It is a new purpose assigned to it much, much later
>> tfw abortion wasn't banned until the 1820s
For such a 'dedicated' traditionalist, you don't seem to know the traditions of what you supposedly defend.
by Conserative Morality » Sat Apr 21, 2018 6:05 am
The Parkus Empire wrote:Abortion is a crime in Blackstone, he says it's misdemeanor homicide, but in earlier days it was treated as murder
by The Parkus Empire » Sat Apr 21, 2018 6:05 am
Albrenia wrote:The Tomerlands wrote:
Mentally competent tests are stupid as well and was another thing that was used to keep African Americans from voting.
In this case mental competence basically means you are aware enough of your surroundings to make your wishes known. Only the seriously mentally handicapped (such as one person I have known) would ever fall under that umbrella.
by Conserative Morality » Sat Apr 21, 2018 6:06 am
by The Parkus Empire » Sat Apr 21, 2018 6:17 am
Conserative Morality wrote:The Parkus Empire wrote:Abortion is a crime in Blackstone, he says it's misdemeanor homicide, but in earlier days it was treated as murder
TIL tradition is one man's opinion contradicting English law and, more relevantly, fucking American law, which is what's being discussed. Best part is, the claim made by Blackstone is that it should be misdemeanor homicide - AFTER quickening. Before that, it's not murder. He admits, furthermore, that such a conclusion regarding post-quickening abortions as misdemeanor murder was not supported by contemporary English law.
But hey, anything to fuel your fantasies of a past that never existed, right? Who needs facts when you have bald-faced lies?
by Conserative Morality » Sat Apr 21, 2018 6:39 am
The Parkus Empire wrote:"But the modern law doth not look on this offense in quite so attrocious a light, but merely as a heinous misdemeanor."
Literally right before that wrote:Life... begins in contemplation of law as soon as an infant is able to stir in the mother's womb. For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter.
by Petrolheadia » Sat Apr 21, 2018 6:50 am
by The Parkus Empire » Sat Apr 21, 2018 6:58 am
Conserative Morality wrote:The Parkus Empire wrote:"But the modern law doth not look on this offense in quite so attrocious a light, but merely as a heinous misdemeanor."Literally right before that wrote:Life... begins in contemplation of law as soon as an infant is able to stir in the mother's womb. For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter.
In context it doesn't support your views. What a surprise.
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