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To: DiogenesLamp

We have a common law legal system. That is by definition a legal system where judges uses case law and precedent when interpreting the law. The principle.behind it is that the same set of facts should be interpreted the same way every time.

All those positive laws are interpreted in light of previous case law.

Why do you think that every Supreme Court ruling is a litany of prior cases?


248 posted on 02/24/2012 4:08:34 PM PST by Harlan1196
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To: Harlan1196
All those positive laws are interpreted in light of previous case law.

Why do you think that every Supreme Court ruling is a litany of prior cases?

Because the flawed thinking of our legal profession has raised the fallacy of tu quoque to a methodology. It is just one more functional defect in our legal system.

First principles should be the starting point for every decision. Not what someone else thought. Our laws are the majority opinions of legislators, not Judges.

I leave this message in the firm knowledge that you can't even understand what I have written.

295 posted on 02/25/2012 10:42:26 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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