[conspire] conspire Digest, Vol 161, Issue 20
rick at linuxmafia.com
Thu Mar 23 09:33:31 PDT 2017
Quoting Bruce Coston (jane_ikari at yahoo.com):
> Oliver Wendell
> Holmes, Jr.: 'This is a court of law, young man, not a
> court of
> justice.' Nice and fair aren't really in it, y'see.
> Unless you remember that the only principle of Roman law [ predecesor to all those civil law systems ] was Implied Social Contract . Those aint suppossed to be seperate ;
I hope you're not suggesting that the net result of Roman law at any
time from the Twelve Tables through Justinian's Corpus Juris Civilis
was nice and fair. ;->
The old windbag Justice Holme's point is that judges are not charged
with making the world right. They merely hear the evidence properly put
before them and apply the law as written plus (where applicable)
common-law precedent. Holme's suggestion was, in effect, that if you
don't like the way the law is, and your beef is anything _except_ the
law being in conflict with more-fundmental law that should overrule it,
then your remedy is to go bother your legislators, and get it amended.
And, if alive and he actually cared, that's also what Justice Holmes
would say to Ruben 'Tell DoJ to shove it up their ass' Safir.
Justice Holmes was, as I would put it, a process person.
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