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It doesn't seem like the regulation was ever intended to replace that judgement call; just support the doctors' decision. We are not machines ruled by logic, an
by ricardobeat 6y ago
It doesn't seem like the regulation was ever intended to replace that judgement call; just support the doctors' decision. We are not machines ruled by logic, and in the end everything that ends up in the justice system is judged by intention and/or merit and not 'the letter of the law'.
- galangalalgol 6y agoIs that true though? If something is technically legal like this, they get found innocent. When its technically illegal, mandatory minimums insure they go to jail for far too long. Someone once said there are legal traditions where intent of the law could be used to find guilt, and it had a name, but the US and UK are much more like machines.
- ricardobeat 6y agoI believe both the US and UK (as do most western countries?) have 'common law' systems, where jurisprudence / case precedents are heavily relied upon. Whenever there is doubt on the legality of something, that court decision will set the tone for others to follow, and go higher up the justice system as needed. The main point was that you can't simply blame the law for failing to 'replace judgement'. Most laws rely on some amount of common sense to be interpreted.