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To: Safrguns
Stare Decisis is death to any system of Law that uses it alone for process. Stare Decisis is a mortal disease the Society that has a system of Law that relies mostly on it.

Mathematicians, physicists and engineers would understand this naturally, as do thesaurus writers. In mathematics, consider the repeated addition of small solid angles. (See for example http://farside.ph.utexas.edu/teaching/336k/lectures/node12.html) Such additions do not commute. That is, the sum of a series of small rotations in space does not place a object in the same place as the pure mathematical sum of those angles. The place arrived at could be opposite and far from the place desired. So it is that a series of legal decisions each branched from the other, can up at ruling that is totally perverted from any semblance of moral sanity and be the twists and turns that end up in the distant result be inscrutable to any considering it.

It is also why by repeatedly using a thesaurus to replace a word or phrase with another one can end up with a meaning exactly the opposite of what was intended. Every ruling in a healthy vibrant system of Law in which the educated and moral participate as judges, advocates, juries and witnesses is informed with common law of the original intent. While rulings will consider prior similar rulings, and even more weigh a series of prior similar rulings, most rulings will also of themselves and obvious to all stand in accord with the common sense, morality and ethics of that original intent. By such rule are people happy and productive, and generations regard the wisdom of prior generations respectfully.

10 posted on 12/04/2008 5:55:22 AM PST by bvw
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To: bvw

“...So it is that a series of legal decisions each branched from the other, can up at ruling that is totally perverted from any semblance of moral sanity and be the twists and turns that end up in the distant result be inscrutable to any considering it...”

And to that, I would add this note: So all the angst about the perhapsness of Obama’s being disqualified would pave the way for a McCain victory after all is just not going to happen. That’s because even if Obama were not qualified, his Vice President-elect would rise to the top of the heap, so to speak.

And then, can’t you just see it? Biden, in turn, could select Hillary for his Vice President-elect.


19 posted on 12/04/2008 7:06:31 AM PST by quintr
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To: quintr; Safrguns
Grammar clean up, some improvements to my prior post 10:
So it is that a series of legal decisions each branched from the other can end up at a ruling that is totally perverted from all the original intent of a law. A ruling with no semblance of moral sanity. And by all the twists and turns of stare decisis that end up at that distant result the ruling is made inscrutable to any who would consider it.

The inscrutability of such rulings comes to cut off the wisdom shared between generations, and the perversity comes to mock the law and the process of law, and thus to destroy the society.


21 posted on 12/04/2008 7:28:18 AM PST by bvw
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