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To: Lurking Libertarian
Aside from the specifics of this case, it is high past time for the mechanics of the legal system to be reformed. In this context, precedent needs to be entirely thrown out, and the final decision on limitations to appeals and the mechanics of the legal process need to be rethought, with significant input by entities outside of the legal profession. Attorneys and judges have proved themselves incapable of self-policing. Legal reform is absolutely necessary. The law, like journalism, is an essential and critical component of our Republic, but it has been hijacked. The intent of the law, rather than the nuanced and mutable ‘letter of the law’ needs to be resurrected as a determinant of legal decisions.
99 posted on 08/29/2017 7:28:45 PM PDT by neverevergiveup
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To: neverevergiveup
precedent needs to be entirely thrown out,

Precedent means that the law is predictable, which is essential to a free-market economy.

Every day, business people go to lawyers and ask, "is it legal to do X?" Without precedent, no one could get a reliable answer, and the economy would be seriously undermined.

Take one tiny example: Would you ever hire an employee if there were no binding precedent on when it is legal to fire that employee, and your only option was to fire someone without knowing whether a jury would decide after the fact if you owed damages?

106 posted on 08/29/2017 8:42:19 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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