tag:blogger.com,1999:blog-32914592.post6405744733545538184..comments2024-02-21T14:18:09.212-08:00Comments on R World: Why Conservatives Prefer Sedentary (rather than activist) JudgesRon Davisonhttp://www.blogger.com/profile/11972794876337195698noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-32914592.post-17251925648207284672007-09-13T20:51:00.000-07:002007-09-13T20:51:00.000-07:00LH,I like the rules. It seems like a delicate bala...LH,<BR/>I like the rules. It seems like a delicate balance, walking between taking the exceptions as the rule and not allowing exceptions to the rule. (I read that last sentence and fear that I've made considerably less sense than you, doing injustice to your intelligent comments.)<BR/><BR/>cce,<BR/>That's a straightforward example I hadn't even thought to use. 3 strikes is another. "I know you merely stole this man's pizza, but that's your third strike so it's off to jail for life for you."<BR/><BR/>Dave,<BR/>You overestimate how much I've read (or, at least, how much of substance that I've read). What I don't know and haven't read could fill libraries - and does.<BR/><BR/>Thanks all for stopping by R World once again.Ron Davisonhttps://www.blogger.com/profile/11972794876337195698noreply@blogger.comtag:blogger.com,1999:blog-32914592.post-68240072349180327782007-09-12T15:25:00.000-07:002007-09-12T15:25:00.000-07:00Da nada. I think it's a coup to introduce you to ...Da nada. I think it's a coup to introduce you to two authors, count 'em, two that you actually haven't read.Davehttps://www.blogger.com/profile/04411527807049220749noreply@blogger.comtag:blogger.com,1999:blog-32914592.post-63314931370366668052007-09-12T05:08:00.000-07:002007-09-12T05:08:00.000-07:00A perfect example of a static world view dictating...A perfect example of a static world view dictating judicial outcomes is the current minimum sentencing concerning drug possession. <BR/>Judges aren't allowed to take mitigating circumstances into account when handing out sentencing in these cases. <BR/>There are thousands of people serving jail time for minor infractions and even misunderstandings. But that's the policy, no room for thoughtful interpretation of the law when caught with a little reefer.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32914592.post-75932556241005753052007-09-11T18:09:00.000-07:002007-09-11T18:09:00.000-07:00Rule #1 - All rules need to be broken on occasion ...Rule #1 - All rules need to be broken on occasion if optimal outcomes are expected.<BR/><BR/>Rule #2 - Any rule may be discarded or dramatically altered based on new and better information.<BR/><BR/>Conservatives just don't get these ideas because their worldview is static. They ultimately fail because they lack the agility of others who either drive change or respond to it.<BR/><BR/>In the 2008 elections we need to support people who can conceptualize a vision of positive change and lead us toward it, not people who rapsodize over a past that probably never existed anyway.Life Hikerhttps://www.blogger.com/profile/00183254858386081439noreply@blogger.comtag:blogger.com,1999:blog-32914592.post-25807677948158218162007-09-11T17:29:00.000-07:002007-09-11T17:29:00.000-07:00Dave,Thanks for the tips. I vaguely remember readi...Dave,<BR/>Thanks for the tips. I vaguely remember reading (about?) Posner. <BR/><BR/>It is sadly fascinating how complex issues like law can be boiled down to a battle between two schools, a black and white framework that squeezes out a variety of alternate views (I guess sort of like what we've done with politics, herding everyone under the tent of republican or democratic). Thanks,Ron Davisonhttps://www.blogger.com/profile/11972794876337195698noreply@blogger.comtag:blogger.com,1999:blog-32914592.post-32664961091203018292007-09-11T16:02:00.000-07:002007-09-11T16:02:00.000-07:00Ron, read Ely's "Democracy and Distrust." To my m...Ron, read Ely's "Democracy and Distrust." To my mind, where George and his opposition go wrong is labelling law as one thing or another. Law, I think is a process that reaches a result that can be judged as "fair," if we all agree that the process was fair. Lawyers call it procederal versus substantive due process.<BR/><BR/>Another author that is losing currency in law is Posner, a founder of the economic view of law. He and his followers had a lot of good ideas that got shunted aside in the last couple of decades of "original intent" and "activism."Davehttps://www.blogger.com/profile/04411527807049220749noreply@blogger.com