Monday, June 06, 2005

esoteric ramblings on law

Standards of law, when explicated under the auspies of "evolving decency" are incredibly unpredictable. In one case, a law proscribing punishment was overturned when that same law had been upheld 11 years earlier on the same basis. When law has such flux, there is no rule of law as certainty. Perhaps one could construe a more harsh punishment than that offerded by the state if it decides that society wishes it at the time.

Interestingly, the Terri Schiavo case in the US and the Jehovah’s witness case in Canada demonstrate how increasing liberty of interpretation can actually be dangerous to citizens. That is, which is "cruel and unusual punishment": getting starved to death off life support. Or living in a PVS (persistent vegetative state). Without any sort of certainty in the rule of historical law, future citizens could potentially be put at risk at the insistence of the judicial system.

1 comment:

Anonymous said...

Hi....I drop in now and then to see what "musings" my son the crappy story....public indecency eh?....papa was a rolling stone..