To all of those who insists that the law is the law, presumably - TopicsExpress



          

To all of those who insists that the law is the law, presumably meaning that every legal rule must be blindly applied in every conceivable case, regardless of the quality of the consequences, I would just refer them to maybe the greatest American jurist, Oliver Wendell Holmes, who famously said that the life of the law has not been logic; it has been experience. He said that in implicit rebuke to the earlier British jurist Edward Coke, who said that reason is the life of the law. Coke served during an era when British jurists prided themselves on the harsh results their judgments sometimes produced, because it proved they were applying the law unswayed by the injustice of the consequences.-NYT comment
Posted on: Thu, 17 Jul 2014 15:14:10 +0000

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