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THAT's the part of my post you disagree with? lmao
by phendrenad2 1y ago
THAT's the part of my post you disagree with? lmao
- JumpCrisscross 1y ago> THAT's the part of my post you disagree with? Yes. Judges in a common-law system don't just "apply the law," they literally make law. Treating judges as automatons fundamentally misunderstands their role, which makes any predictions based on that misunderstanding likely specious.
- phendrenad2 1y agoI think we're getting hung up on a technicality here, so I'll concede that judges "make law" in whatever way you say they do. And I don't just base my predictions on that understanding, it's more of a pass-through thing. I base my predictions on observed reality, where there is a legislative branch that makes laws and a judicial branch that interprets them within narrow confines (supposedly, they basically have free reign to go wild and say up is down and down is up, but that rarely happens because they don't want to be laughed at in public)