Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Kaslin
This is the problem with officials in jurisprudence being trained primarily by case law. By such a course of studies, a judge can easily find a case that somehow enables him or her to make the decision he or she wants to make. It also cripples a judge intellectually from understanding the foundation of Western jurisprudence.

Obviously, this judge is a very poorly educated man and not very intelligent, for he has overlooked the inconvenient and bleak reality that if you allow Muslims ‘in their community’ to base contracts on ‘other than English law’, you consequently allow them to enforce and exact punishment for breaking those contracts on ‘other than English law’.

More fallout from moral relatavism and multiculturalism.

9 posted on 07/08/2008 4:30:14 AM PDT by Ghost of Philip Marlowe (If Hillary is elected, her legacy will be telling the American people: Better put some ice on that.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Ghost of Philip Marlowe
this judge is a very poorly educated man

Yes, lots of times the nobility are poorly educated.

inconvenient and bleak reality that if you allow Muslims ‘in their community’ to base contracts on ‘other than English law’, you consequently allow them to enforce and exact punishment for breaking those contracts on ‘other than English law’.

Not necessarily. This situation often arises in the United States when parties will contract to have the law of one state govern the contract and then sue to enforce the contract in another state. It isn't uncommon to apply the substantive law of the contract state and apply the remedies of the enforcing state, particularly if the enforcing state finds the remedies of the contract state to violate its public policy.

10 posted on 07/08/2008 4:38:52 AM PDT by Publius Valerius
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson