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To: OK
it is reasonable to look at global customs to decide what should be considered cruel or unusual punishment

So who gets to decide what is REASONABLE? Can the SCOTUS look to the Religion of Islam to decide whether or not the 10 commandments can be displayed in public areas? How about looking to Saudia Arabia and most of the Middle East to decide women's rights?

One could go on and on and on, but to source foriegn law, customs and practices CHERRY PICKING STYLE is ridiculous and not adhering to the US CONSTITUTION which is the only SOURCE they should use.

30 posted on 03/02/2005 3:09:32 PM PST by PISANO (We will not tire......We will not falter.......We will NOT FAIL!!! .........GW Bush [Oct 2001])
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To: PISANO
So who gets to decide what is REASONABLE?

I think 'reasonable' is a deliberately vague legal concept that essentially reflects (or should reflect, anyway) the overriding values in society, which can change over time. However, in reality, what we are talking about is what is reasonable for a judge and since the vast majority of judges are lawyers, 'reasonableness' is defined by law a school professors.

139 posted on 03/03/2005 8:43:07 AM PST by nosofar
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