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To: Scumbria who wrote (121508)12/8/2000 8:01:01 PM
From: Road Walker  Read Replies (1) | Respond to of 186894
 
Scumbria,

re: "How do you resolve conflicting laws, without thinking?"

I'm not a lawyer (if one wants to jump in thats OK).

You do your best to interpret the laws, based on prior decisions. Part of that exercise is getting into the heads of the people that wrote the laws, to determine their intention. What Judges are not supposed to do is add their prejudices to that interpretation.

Certainly that is "thinking", but it is not writing new law.

John



To: Scumbria who wrote (121508)12/8/2000 9:17:00 PM
From: Robert Salasidis  Respond to of 186894
 
By ruling on the existing laws (the ones in the books) this time around and changing or adding laws so that it does not happen again next time around. This is the standard in criminal law IMHO.



To: Scumbria who wrote (121508)12/8/2000 9:17:17 PM
From: Joe NYC  Respond to of 186894
 
Scumbria,

How do you resolve conflicting laws, without thinking?

The bias of the "thinking" should be directed to the compliance with the laws on the books, not to the search for "conflicting laws", which apparently some judges understand as a license to legislate from the bench.

Joe



To: Scumbria who wrote (121508)12/9/2000 1:27:08 AM
From: exhon2004  Respond to of 186894
 
Scumbria:

re >>How do you resolve conflicting laws, without thinking?<<

Easy! You simply look for them after reaching a pre-determined outcome. Hell, the opposing sides attorneys even do all the work for you.