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Re: [infoguys-list] LAW or JUSTICE

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  • Webb Ferrall
    Agree with all statements. My point is that failing to balance precedent with circumstances of a given case may well deny justice. This has become all too
    Message 1 of 2 , Jun 1, 2000
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      Agree with all statements. My point is that failing to
      balance precedent with circumstances of a given case
      may well deny justice. This has become all too
      commonplace in the States, generating fearful
      obedience rather than individual responsibility; and
      clearly violating the intent of the founders.

      --- Priority <hq@...> wrote:
      > AN ENGLISH PERSPECTIVE
      >
      > As US State and Federal Law is broadly based upon
      > English Common Law, it is
      > as well to take into consideration when responding
      > to the "Challenge" that
      > the principle of precedent is a fundamental part of
      > the Common Law System.
      > This by definition, allows the broadly accepted
      > Rules of Society (Law) to
      > change and modernise in tandem with changes in
      > Society as time progresses.
      > Common Law being defined as those laws which have
      > existed from time
      > immemorial, and which are interpreted by the Courts
      > according to the
      > changing social demands and practices relevant at
      > the time of determination.
      > Thus Precedent is a very valuable tool in dealing
      > with the rapidly changing
      > standards of life.
      >
      > Perhaps even more important, the use of Precedent
      > acts as a control factor
      > to new Statutes introduced by the Legislative
      > Bodies.
      >
      > Respectfully submitted
      >
      >
      > Priority Investigations
      > Head Office
      > Belfast N. Ireland.
      >
      > ----- Original Message -----
      > From: <specsense@...>
      > To: <infoguys-list@egroups.com>
      > Sent: Wednesday, May 31, 2000 4:19 PM
      > Subject: [infoguys-list] LAW or JUSTICE
      >
      >
      > > WHEREAS
      > > 1. Justice is a stated goal of the US
      > Constitution.
      > > 2. Justice was understood to transcend law.
      > > a. Common Sense, Tom Paine - "law and government
      > unnecessary while
      > > (people) remained perfectly just to each other"
      > > 3. Performance of justice is assigned only to the
      > Judiciary.
      > >
      > > THEREFORE
      > > 1. Legal precedent should not be a deciding factor
      > in court decisions.
      > > 2. The 101st(I think) Congress' adjustment of the
      > federal judge's
      > > oath placing judicial activity "under" law was
      > unconstitutional.
      > >
      > > Comments please.
      > >
      > >
      > >
      > >
      > >
      >
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      > http://click.egroups.com/1/4473/2/_/531/_/959786378/
      > >
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