5 ms·

What is strange with that? This setup are quite common in Civil law[0]. I believe it roughly works the same way at least in the other Scandinavian countries and

by runarb 13y ago

What is strange with that? This setup are quite common in Civil law[0]. I believe it roughly works the same way at least in the other Scandinavian countries and Germany to. 0: http://en.wikipedia.org/wiki/Civil_law_(legal_system) http://en.wikipedia.org/wiki/Civil_law_(legal_system)

Uchikoma 13y ago
"appointed by politicians"? Not in the Germany I live in https://de.wikipedia.org/wiki/Ehrenamtlicher_Richter https://de.wikipedia.org/wiki/Ehrenamtlicher_Richter
- runarb 13y ago
  Well, I am no expert but at https://en.wikipedia.org/wiki/Lay_judge#Germany https://en.wikipedia.org/wiki/Lay_judge#Germany it states that in Germany "Lay judges are selected by a selection committee from lists that are passed by the municipal councils". Almost the same prosses as in Sweeden where "Municipal assemblies appoint lay judges for the district courts" http://en.wikipedia.org/wiki/Judiciary_of_Sweden#Lay_judges http://en.wikipedia.org/wiki/Judiciary_of_Sweden#Lay_judges . I believe that a German municipal council and a Swedish municipal assembly is basicly the same, and both are staffed with elected officials ( aka "politicians").
  - deleted 13y ago
    [deleted]
  - Uchikoma 13y ago
    It's complicated in Germany, I don't know about Sweden. In Germany a list of lay judges is generated. Either by random, by committees, churches, unions etc. This is not defined. Then the municipal assembly takes this list and filters those of the list that should not become lay judges. The list goes to the court and the court then votes with a committee the lay judges (two third majority). It might be subject to discussion, to me this is not identical to "Appointed by politicians".
sebcat 13y ago
They're lay people and tend to follow the professional judge. They are often times more biased than professional judges when it comes to high-morals (I have no data supporting this claim, but remember that these people want to judge). There's two levels of indirection from the people (they are elected by elected politicians). I don't like it. The law is immutable in a trial and should be interpreted by a professional judge. The control mechanism preventing the judge from unfair interpretation should not be amateur, social conservative, middle age men participating in police interest groups on their spare time ("jäv", happened more than once) Of course, no system is perfect.
- dfc 13y ago
  I did a quick search for jav but none of the results were titled "introduction to jav for americans." Can you explain jav? Is jav the police interest groups? Police interest group sounds like a a group of tommy tactical types that wear cargo pants, and spend a lot of their time at the range or talking about what they EDC.
rdl 13y ago
I strongly prefer common to civil law, which makes the "find a place in the world with the most freedom" challenge harder (it pretty much limits to ex-British colonies, which win on common law, but are also closely affiliated with the US and thus don't work as well as a hedge against the US military-industrial-intelligence complex.)
- dfc 13y ago
  So the L in rdl has nothing to do with Louisiana? I feel sorry for the lawyers that live on the border of LA and need to be proficient in their state's laws as well as LA's. Bar prep must have been awful.
  - rdl 13y ago
    Correct -- although louisiana is awesome for counterexamples to all sorts of legal assertions about the USA. I also pretty much stick to the 9th circuit states :)

by runarb 13y ago

Uchikoma 13y ago

"appointed by politicians"? Not in the Germany I live in https://de.wikipedia.org/wiki/Ehrenamtlicher_Richter https://de.wikipedia.org/wiki/Ehrenamtlicher_Richter

runarb 13y ago
Well, I am no expert but at https://en.wikipedia.org/wiki/Lay_judge#Germany https://en.wikipedia.org/wiki/Lay_judge#Germany it states that in Germany "Lay judges are selected by a selection committee from lists that are passed by the municipal councils". Almost the same prosses as in Sweeden where "Municipal assemblies appoint lay judges for the district courts" http://en.wikipedia.org/wiki/Judiciary_of_Sweden#Lay_judges http://en.wikipedia.org/wiki/Judiciary_of_Sweden#Lay_judges . I believe that a German municipal council and a Swedish municipal assembly is basicly the same, and both are staffed with elected officials ( aka "politicians").
- deleted 13y ago
  [deleted]
- Uchikoma 13y ago
  It's complicated in Germany, I don't know about Sweden. In Germany a list of lay judges is generated. Either by random, by committees, churches, unions etc. This is not defined. Then the municipal assembly takes this list and filters those of the list that should not become lay judges. The list goes to the court and the court then votes with a committee the lay judges (two third majority). It might be subject to discussion, to me this is not identical to "Appointed by politicians".

sebcat 13y ago

They're lay people and tend to follow the professional judge. They are often times more biased than professional judges when it comes to high-morals (I have no data supporting this claim, but remember that these people want to judge). There's two levels of indirection from the people (they are elected by elected politicians). I don't like it. The law is immutable in a trial and should be interpreted by a professional judge. The control mechanism preventing the judge from unfair interpretation should not be amateur, social conservative, middle age men participating in police interest groups on their spare time ("jäv", happened more than once) Of course, no system is perfect.

dfc 13y ago
I did a quick search for jav but none of the results were titled "introduction to jav for americans." Can you explain jav? Is jav the police interest groups? Police interest group sounds like a a group of tommy tactical types that wear cargo pants, and spend a lot of their time at the range or talking about what they EDC.

rdl 13y ago

I strongly prefer common to civil law, which makes the "find a place in the world with the most freedom" challenge harder (it pretty much limits to ex-British colonies, which win on common law, but are also closely affiliated with the US and thus don't work as well as a hedge against the US military-industrial-intelligence complex.)

dfc 13y ago
So the L in rdl has nothing to do with Louisiana? I feel sorry for the lawyers that live on the border of LA and need to be proficient in their state's laws as well as LA's. Bar prep must have been awful.
- rdl 13y ago
  Correct -- although louisiana is awesome for counterexamples to all sorts of legal assertions about the USA. I also pretty much stick to the 9th circuit states :)