in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
Assuming courts have the power to use any rule of interpretation (golden rule , mischief rule , purposive rul etc) which interpretation should be chosen the one in favour of the accused , the one in favour of the victim or the one in favour of the purposes of the lawmakers/drafters ? which is more ethical ?
- Agent Smith
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Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
Superb question, can be extrapolated, without losing its essence, to the moral sphere, assuming that isn't implied already.
Scratch that out ...
Might wanna use a microscope for an answer to your question. What else can you do with an arrangement of lenses inside a iron/steel frame? Light up yer life with a book/audio/video.
Scratch that out ...
Might wanna use a microscope for an answer to your question. What else can you do with an arrangement of lenses inside a iron/steel frame? Light up yer life with a book/audio/video.
Last edited by Agent Smith on Fri May 05, 2023 8:28 am, edited 1 time in total.
Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
Which one is chosen; or which one should be chosen?BobThorne wrote: ↑Thu Mar 30, 2023 10:43 am Assuming courts have the power to use any rule of interpretation (golden rule , mischief rule , purposive rul etc) which interpretation should be chosen the one in favour of the accused , the one in favour of the victim or the one in favour of the purposes of the lawmakers/drafters ? which is more ethical ?
It gets interpreted in a way that doesn't make the legal system implode and trigger a sequence of appeals; or mistrials.
The good of the many outweighs the good of the few.
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Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
No one posted a reply to the OP's question. Any ideas, why?Skepdick wrote: ↑Fri May 05, 2023 8:13 amWhich one is chosen; or which one should be chosen?BobThorne wrote: ↑Thu Mar 30, 2023 10:43 am Assuming courts have the power to use any rule of interpretation (golden rule , mischief rule , purposive rul etc) which interpretation should be chosen the one in favour of the accused , the one in favour of the victim or the one in favour of the purposes of the lawmakers/drafters ? which is more ethical ?
It gets interpreted in a way that doesn't make the legal system implode and trigger a sequence of appeals; or mistrials.
The good of the many outweighs the good of the few.
-
Iwannaplato
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Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
At this level of abstraction it's hard to be sure. But in general if the law is ambiguous and one of the plausible interpretations mean the defendant did not break the law, the government has to back off. This isn't fair to the victim, and perhaps the government, having messed up, should then try to compensate the victim, since the government is in part responsible.BobThorne wrote: ↑Thu Mar 30, 2023 10:43 am Assuming courts have the power to use any rule of interpretation (golden rule , mischief rule , purposive rul etc) which interpretation should be chosen the one in favour of the accused , the one in favour of the victim or the one in favour of the purposes of the lawmakers/drafters ? which is more ethical ?
I can easily imagine if we zoom in to particular contexts, their might be factors that would change my position, but that's a general reaction.
Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
The fundamental problem is the inability/unwillingness of moderators to impose intellectual discipline upon their forum. I suppose they would justify this by arguments appealing to "freedom of speech". So, like kids allowed to run wild, contributors are not required to be relevant, or courteous, or even demonstrate their ability to pass the Turing Test.Agent Smith wrote: ↑Fri May 05, 2023 10:15 amNo one posted a reply to the OP's question. Any ideas, why?Skepdick wrote: ↑Fri May 05, 2023 8:13 amWhich one is chosen; or which one should be chosen?BobThorne wrote: ↑Thu Mar 30, 2023 10:43 am Assuming courts have the power to use any rule of interpretation (golden rule , mischief rule , purposive rul etc) which interpretation should be chosen the one in favour of the accused , the one in favour of the victim or the one in favour of the purposes of the lawmakers/drafters ? which is more ethical ?
It gets interpreted in a way that doesn't make the legal system implode and trigger a sequence of appeals; or mistrials.
The good of the many outweighs the good of the few.
Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
What is this 1950? The Turing Test is no longer relevant.alan1000 wrote: ↑Fri May 05, 2023 1:11 pm The fundamental problem is the inability/unwillingness of moderators to impose intellectual discipline upon their forum. I suppose they would justify this by arguments appealing to "freedom of speech". So, like kids allowed to run wild, contributors are not required to be relevant, or courteous, or even demonstrate their ability to pass the Turing Test.
Any system which fails the Turing Test on purpose is necessarily smarter than the entity performing the Turing Test.
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Re: in case a law has two or more possible interpretations , in who's favour should the law be interpreted ?
Good points despite the fact that I'm staring up the barrel of that gun. Scale up ... down ... yer free choice ... I see an extraordinary person ... gender unknown ... perhaps for the better!alan1000 wrote: ↑Fri May 05, 2023 1:11 pmThe fundamental problem is the inability/unwillingness of moderators to impose intellectual discipline upon their forum. I suppose they would justify this by arguments appealing to "freedom of speech". So, like kids allowed to run wild, contributors are not required to be relevant, or courteous, or even demonstrate their ability to pass the Turing Test.Agent Smith wrote: ↑Fri May 05, 2023 10:15 amNo one posted a reply to the OP's question. Any ideas, why?