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Yes and: The pedantic nature of our adversarial system really bothers me. The focus on very narrow circumstances and edge cases. It prevents reaching reasonable
by specialist 4y ago
Yes and: The pedantic nature of our adversarial system really bothers me. The focus on very narrow circumstances and edge cases. It prevents reaching reasonable outcomes.
There are always dilemmas and paradoxes. The proper job of the Court is to find the middle path. Consider the whole system and strike a balance. Arbitrate an acceptable consensus.
And that requires mitigating a decision's downsides.
That was the approach of the German Courts. In addition to proscribing the rules around abortion, they also put into place structures to reduce the need for abortions, improving the health and well being of all women and children.
So reasonable. Sounds like heaven.