Is There Subjectivity to the Law?

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carlsenvshikaru
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Is There Subjectivity to the Law?

Postby carlsenvshikaru » Wed May 06, 2015 11:20 pm

If so, how?

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nothingtosee
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Re: Is There Subjectivity to the Law?

Postby nothingtosee » Wed May 06, 2015 11:23 pm

Honor code?

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BasilHallward
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Re: Is There Subjectivity to the Law?

Postby BasilHallward » Wed May 06, 2015 11:23 pm

Be more specific with your question. There a first-person experiential element to everything, thus making it
subjective. Let's not slip into the abyss of philosophical circle jerking. Law is not a HARD science, if that is your question??

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rpupkin
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Re: Is There Subjectivity to the Law?

Postby rpupkin » Wed May 06, 2015 11:24 pm

carlsenvshikaru wrote:If so, how?

I'd like to answer your question, but it just seems too narrow. Could you broaden it a bit?

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carlsenvshikaru
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Re: Is There Subjectivity to the Law?

Postby carlsenvshikaru » Wed May 06, 2015 11:31 pm

rpupkin wrote:
carlsenvshikaru wrote:If so, how?

I'd like to answer your question, but it just seems too narrow. Could you broaden it a bit?


Intentionally vague so that you could interpret it however you like. :P

But for the sake of starting somewhere more concrete, is it possible to interpret the written law in more than one way? ...and then subsequently have it applied differently.....all while utilizing the same law? does stuff like that happen in the real world of legal practice?

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rpupkin
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Re: Is There Subjectivity to the Law?

Postby rpupkin » Wed May 06, 2015 11:37 pm

carlsenvshikaru wrote:But for the sake of starting somewhere more concrete, is it possible to interpret the written law in more than one way? ...and then subsequently have it applied differently.....all while utilizing the same law? does stuff like that happen in the real world of legal practice?

That is the real world of legal practice.

milkisforbabies
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Re: Is There Subjectivity to the Law?

Postby milkisforbabies » Wed May 06, 2015 11:46 pm

carlsenvshikaru wrote:
rpupkin wrote:
carlsenvshikaru wrote:If so, how?

I'd like to answer your question, but it just seems too narrow. Could you broaden it a bit?


Intentionally vague so that you could interpret it however you like. :P

But for the sake of starting somewhere more concrete, is it possible to interpret the written law in more than one way? ...and then subsequently have it applied differently.....all while utilizing the same law? does stuff like that happen in the real world of legal practice?


Google "circuit split"

Traynor Brah
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Re: Is There Subjectivity to the Law?

Postby Traynor Brah » Wed May 06, 2015 11:55 pm

carlsenvshikaru wrote:
rpupkin wrote:
carlsenvshikaru wrote:If so, how?

I'd like to answer your question, but it just seems too narrow. Could you broaden it a bit?


Intentionally vague so that you could interpret it however you like. :P

But for the sake of starting somewhere more concrete, is it possible to interpret the written law in more than one way? ...and then subsequently have it applied differently.....all while utilizing the same law? does stuff like that happen in the real world of legal practice?

If this were not the case there would be effectively no need for lawyers.

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prezidentv8
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Re: Is There Subjectivity to the Law?

Postby prezidentv8 » Thu May 07, 2015 12:16 am

freshman or high school?

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JohannDeMann
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Re: Is There Subjectivity to the Law?

Postby JohannDeMann » Thu May 07, 2015 12:28 am

Traynor Brah wrote:
carlsenvshikaru wrote:
rpupkin wrote:
carlsenvshikaru wrote:If so, how?

I'd like to answer your question, but it just seems too narrow. Could you broaden it a bit?


Intentionally vague so that you could interpret it however you like. :P

But for the sake of starting somewhere more concrete, is it possible to interpret the written law in more than one way? ...and then subsequently have it applied differently.....all while utilizing the same law? does stuff like that happen in the real world of legal practice?

If this were not the case there would be effectively no need for lawyers.



lololloolollol

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justkeepswimming794
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Re: Is There Subjectivity to the Law?

Postby justkeepswimming794 » Thu May 07, 2015 12:31 am

Traynor Brah wrote:
carlsenvshikaru wrote:
rpupkin wrote:
carlsenvshikaru wrote:If so, how?

I'd like to answer your question, but it just seems too narrow. Could you broaden it a bit?


Intentionally vague so that you could interpret it however you like. :P

But for the sake of starting somewhere more concrete, is it possible to interpret the written law in more than one way? ...and then subsequently have it applied differently.....all while utilizing the same law? does stuff like that happen in the real world of legal practice?

If this were not the case there would be effectively no need for lawyers.



there are always many ways to interpret law. its completely subjective, in my opinion. even legal "objectivity" tests require subjective elements on numerous levels.

"even the devil can cite scripture for his purpose." - shakespeare

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jselson
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Re: Is There Subjectivity to the Law?

Postby jselson » Sun May 10, 2015 7:00 pm

There is no subjectivity in the law. It is all written out ahead of time, or easily and logically deduced. It is a maxim of the common law that it is inherently unjust to hold someone responsible for a crime or civil action unless they had notice that their actions were illegal. Thus, the law has taken great care to make sure that its rules are objectively knowable; otherwise, many people would be found liable for things that they could not possibly have known were illegal at the time, and the very legitimacy of the law would forever be lost.

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UnicornHunter
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Re: Is There Subjectivity to the Law?

Postby UnicornHunter » Sun May 10, 2015 7:09 pm

jselson wrote:There is no subjectivity in the law. It is all written out ahead of time, or easily and logically deduced. It is a maxim of the common law that it is inherently unjust to hold someone responsible for a crime or civil action unless they had notice that their actions were illegal. Thus, the law has taken great care to make sure that its rules are objectively knowable; otherwise, many people would be found liable for things that they could not possibly have known were illegal at the time, and the very legitimacy of the law would forever be lost.


:-)

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justkeepswimming794
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Re: Is There Subjectivity to the Law?

Postby justkeepswimming794 » Tue May 12, 2015 10:04 pm

jselson wrote:There is no subjectivity in the law..




lol




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