tag:blogger.com,1999:blog-16594468.post2841106193253526432..comments2023-10-24T04:29:23.693-06:00Comments on Atheist Ethicist: Intellectual Integrity and Constitutional InterpretationAlonzo Fyfehttp://www.blogger.com/profile/05687777216426347054noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-16594468.post-6300647114818298462011-09-27T23:10:40.266-06:002011-09-27T23:10:40.266-06:00this is a very interesting post.
the protesters a...this is a very interesting post.<br /><br />the protesters are protesting that the law is a bad law in essence and the judges are responsible for determining if it is good or bad law in process. which is a very different duty<br /><br />now it is the duty of a judge to judge a law based on whether it followed the correct process in coming to be a law and to interpret it as the legislature intended if there are disagreements.<br /><br />however they also have a human duty to write wrongs and to solve injustice.<br /><br />i am interested in your take on which duty a judge has to be beholdent to.<br /><br />for instance if we imagine a law. and this law was legally made and easily interpreted and does not contradict the constitution... but it is wrong in it's essence ,it hurts people. <br /><br />the judge has a duty to uphold the law only and leave it to congress to change the law.<br /><br />but as a human he has a duty to use the power given to him to keep people safe from harm.<br /><br />there is the similar question of a lawyer with a guilty client. <br /><br />are desires best fullfilled by following a system of rules that lend legitimacy to the system but hurts people<br /><br />or are they best fullfilled by a rogue judge with a riteous cuase. <br /><br />as an over arching rule i would have to say the former but in a real situation i am tempted to say the latter. but every over arching rule is made of real situations.<br /><br />i find this to be a contradiction in my thinking that i dont know how to solve.<br /><br />arcane rules that hold up a just system vs the real ability to help real people....<br /><br />or perhaps we have to pick and choose the places where we use each depending on their severity, of the situation and the status of the system.<br /><br />in nazi germany was a judges obligation to uphold bad but properly formed law more important than the lives of the victims of that law?<br /><br />on the other hand without the system in place limiting judicial authority to interpretation and not creation of law, a hitler like judge could destroy a just system of law....<br /><br />gah! i am thinking in circles!<br />help!Kristopherhttps://www.blogger.com/profile/08544209777124068097noreply@blogger.comtag:blogger.com,1999:blog-16594468.post-91459642730770431392009-05-27T17:45:56.472-06:002009-05-27T17:45:56.472-06:00Alonzo-
If you are a homosexual, then I am impres...Alonzo-<br /><br />If you are a homosexual, then I am impressed by your ability to put reason over emotion. If not, I think it is absurd to ask the protesters to feel shame. They are being denied the fulfillment a very basic desire that most people enjoy with out obstruction or prejudice, and that is a very painful experience. What matter is it if the court only upheld the process by which bigotry was made legal, rather than the bigotry itself? The end result is still the same for those affected- they are still opressed. The court could have addressed the larger issue of gender equity and equal protection, but they ducked it. <br /><br />True, protesters of all causes would benefit from making more informed and appropriately targeted responses, but I would let these people hew and cry a bit and certainly would not suggest they ought to feel shame. It's not as if they advocated violent reprisal against the judges. They went to court to fight state mandated oppression in a country that purports equal protection under the law. On the mere basis of legal procedure, they ended up with their shackles tightened. Shame on somebody.Mikenoreply@blogger.comtag:blogger.com,1999:blog-16594468.post-74566672593581039882009-05-27T04:19:47.797-06:002009-05-27T04:19:47.797-06:00I haven't really been following this debate but wh...I haven't really been following this debate but what you say makes good sense. It isn't just this court decision that you have it happening with but it gets most of the attention. It is hard not to be a hypocrite in all things and something that people are passionate about just brings it out more.Baconsbudhttps://www.blogger.com/profile/15575410885851841473noreply@blogger.com