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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Sam who wrote (136677)4/15/2010 3:42:13 PM
From: Travis_Bickle  Read Replies (1) | Respond to of 542904
 
Wtf is a "political case"?



To: Sam who wrote (136677)4/15/2010 5:19:39 PM
From: Bread Upon The Water  Respond to of 542904
 
"Look, I know that there is a specialized language and reasoning process that lawyers get socialized into."

Yes, it is a form of socialization, but it is also the language of the law itself coming down to us out of English Common law that first had to come up with terms to describe various rights and situations. Its like Doctors learning the parts of a body in minutiae and how they interrelate. And the reasoning process is a derivative of describing these rights and how they interplay with one another. It is a specialized process.

"But it isn't necessarily a good thing to have only people who have been socialized into that mindset sitting on the Supreme Court. Lower courts--yes. But the SC deals with the broadest issues, and should reflect more than just that mindset, IMHO."

A very interesting concept. You are maintaining, I think, that there should be some type of cultural ombudsmen that sit and with the SC (in an advisory capacity?) to translate the significance of certain cultural/social phenomena for the understanding of the Judges. This would let a younger generation inform an older one.

Of course it isn't our current system, but not to say something like that shouldn't be looked at to keep the court responsive. Have you seen this proposed anywhere else?