The Dread Slender Gnome on Nostr: Further thougths on the Giggle verdict. It seems to me that the judge has in fact ...
Further thougths on the Giggle verdict.
It seems to me that the judge has in fact established a perverse Hume's guillotine in law, where the way things are in actual, existing reality, can not inform how they ought to be legally.
I don't know if there are any jurisprudence principles conscerning the question of to what extent legal decisions should be restricted by observable reality, but if there aren't, I rather think there ought to be.
Because if the courts genuinely remove observable reality from one of the factors to be considered, when evaluating case law or written laws, I don't think that'll lead to anything good.
But still, IANAL. Any actually knowledgeable input on this would be more than welcome.
It seems to me that the judge has in fact established a perverse Hume's guillotine in law, where the way things are in actual, existing reality, can not inform how they ought to be legally.
I don't know if there are any jurisprudence principles conscerning the question of to what extent legal decisions should be restricted by observable reality, but if there aren't, I rather think there ought to be.
Because if the courts genuinely remove observable reality from one of the factors to be considered, when evaluating case law or written laws, I don't think that'll lead to anything good.
But still, IANAL. Any actually knowledgeable input on this would be more than welcome.