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>We should ask our judges not to legislate from the bench Why not? This is a core facet of their job. The tug of war in law between flexibility and certainty
by ABCLAW 9y ago
>We should ask our judges not to legislate from the bench
Why not? This is a core facet of their job.
The tug of war in law between flexibility and certainty is nothing new.
In this case you've state the outcome should be either all entitled to anonymity or all restricted from anonymity. Why are those the only two options?
Say sociological research shows: 1) people conceal lottery earnings from spouses in the context of divorce with tremendous regularity, and 2) people who obtain lottery earnings are 10x more likely to be killed by distant, financially-at-risk relatives. Should a lottery winner with 3 violent felons with debts in his family be dealt with in the same manner as an upper middle class winner in the middle of a divorce?
This is why our judges get to tinker with our rules. Because real life has edge cases.
- kodablah 9y ago> This is why our judges get to tinker with our rules. Because real life has edge cases. Real life also has preferences and bias. This is why our judges mostly do not get to tinker with the rules.
- ABCLAW 9y ago>This is why our judges mostly do not get to tinker with the rules. They mostly don't tinker, not because they aren't allowed, but because rules are designed to capture the base case, so most cases are anticipated by the rules. This is why most reviews and reporters do not list every banal dispute.