Jump to content

What Obama Judges? Oh, THOSE Obama Judges!


Geee

Recommended Posts

what-obama-judges-oh-those-obama-judges

First, a word about how law and our legal system is supposed to work. We begin with two Latin words: stare decisis.

The idea is that people need to know the rules. For example, before every baseball game begins, the umpires meet with the two team managers and review the “ground rules.” If in Chicago’s Wrigley Field, what will we do if a ball is hit into the outfield and ends up hidden behind the ivy? If in Tampa Bay at Tropicana Field, what if a very high pop fly hits the “A” Ring or the “B” Ring (or the “C” or the “D”) of the meshuggeneh concentric catwalks that are part of the unique structure that supports the indoor dome? These rules need to be reviewed beforehand so that everyone can be assured of a fair result if an outlier outfield incident unfolds. The umpires do not “just make up the rules” out of left field when it happens.

Baseball reflects real life as lived by normal people by having rules in place and then honoring those rules. In the event of a disagreement, there is a publication called “Official Baseball Rules,” and that document governs.

In our public legal system, we have rules that derive primarily from two sources: (i) judge-made common law and (ii) legislature-enacted statutory law. Because we started from England, we initially adopted the British way of law. They did not have a constitution, just a tradition of divine-right monarchs who had people’s heads chopped off at the start of movies. In the absence of a constitution or a legislative branch adopting laws, Brits with grievances would show up in court, and judges would have to “wing it,” making up law on a case-by-case basis. This law is known as “common law.” Eventually, people realized how confusing and unreliable the system could become if every subsequent dispute’s resolution simply would come down to which judge happened to be presiding over a given case. It would mean uncertainty as to how one must behave beforehand, what is permitted, and what is wrongful and tortious. Likewise, it would open gates of unfairness and grievance: why does this guy get tarred and feathered for doing the exact same thing for which another guy got lashes and for which yet another guy only got fined a few shillings or pence?:snip:

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • 1714049133
×
×
  • Create New...