kalel wrote:You are making the law subjective by doing this. Like you say, this would need to be decided on a case by case basis. Kind of the whole point in having the law written down (and the legalease it's done is) is so that it is as clear as possible, and covers as many different cases as possible. It would be difficult to go about your daily business without fear that you may accidentally make a criminal of yourself because the matter of what constitutes "cynical" is a subjective judgement.
Yeah, you'd have judges and juries, but at the moment juries are guided by the judge to make very specific, clear decisions as dictated by law. This does means that some get away on technicalities, but it means the system is fair because it is applied equally to all. Bringing subjective value judgements in to it is just the same as getting 12 random people with all their prejudices and biases and asking them "do you reckon this one is a bit of a wrong-un?"
I think juries are a stupid way of deciding guilt anyway, particularly in more complicated cases, but there you go.
#9198804, By chopsen The UK General Politics Thread
chopsen 17,246 posts
Seen 39 minutes ago
Registered 10 years ago