Mastodawn

Katja (now with more daylight!) Antares, a 🐈🐉.4d ago

And: both of these areas can be changed. Both *need* to be changed. And when we get into a position to make those changes, procedure can't be left by the wayside, whether that means "eliminating" it (there'll still be procedural norms, no matter how hard we try to pretend that there aren't!) or just leaving the current rules and expectations in place (which have evolved to maintain the *current* system, and will be at best a poor fit for a better system, if not an actively distorting force). New rules for making sure that people accused of harms can assert their innocence in an effectual manner; new rules for structuring disputes between now much more equal parties; new rules to ensure that our justice system's approach to fairness accords with what would be fair in a better society.

#law #jurisprudence #procedure

Katja (now with more daylight!) Antares, a 🐈🐉.4d ago

I *get* the distrust and even scorn that a lot of people have toward the entire concepts of "procedure" and "due process (for the political enemies of human decency)", but:

The main problem is that the substantive and procedural rules that exist today are unfair, and *they can be changed*.

The injustice inherent to our capitalist society affects both "the law" (colloquially) and procedure — for example: on the substantive side, the fact that businesses and governments are not at all liable for social murder; on the procedure side, that wealthy litigants in civil proceedings can out-spend less wealthy litigants and win not based on the merits of the actual cases, but just bankrupting their opponent. (Among many more examples for each.)

#law #jurisprudence #procedure

WIST Quotations Aug 19

A quotation from Gordon Hewart

It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.

Gordon Hewart (1870-1943) British politician and jurist; Lord Chief Justice of England (1922-1940)
Rex v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] EWHC KB 1, [1924] KB 256 (1923-11-09) [unanimous decision]

Sourcing, notes: wist.info/hewart-gordon/78501/

#quote #quotes #quotation #qotd #bias #court #impropriety #jurisprudence #justice #legalsystem #appearances #irregularity #conflictofinterest

News Beep Aug 13

Panic over marriage equality misses the real threat.

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https://www.newsbeep.com/58735/

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RaymondPierreL3 Aug 3

@abcfeeds
So, it seems that when a #StateGovt disagrees with a #Court decision, it can just enact new #Legislation to contermand the Courts. That’s straight out of the #Trumpian playbook. A #Fascist response to the #Jurisprudence when the outcomes are unpallatable to #Mates in the #MiningIndustries. Where is this #Americanisation of Australia to stop? What other means will the #Rich use to syphon more public funds and dues to support their #StateTheft ?

News Beep Jul 30

Cartoonishly corrupt Trump hatchet man Emil Bove confirmed.

This article was republished in partnership with Balls and Strikes. On Tuesday evening, the Senate voted to confirm Emil Bove,…
#NewsBeep #News #Headlines #chuck-schumer #democrats #DonaldTrump #joe-manchin #judiciary #jurisprudence #Republicans #Senate #UnitedStates #Us #USA
https://www.newsbeep.com/29318/

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Thilo Jul 27

💡 New blog post: "From Empire to Livelihood"

What exactly do we inherit — a job, or an empire? What if inheritance tax wasn’t codified, but decided in court, case by case?

We argue for a jurisprudential turn in taxation, rooted in structural realism and community stewardship.

📝 https://eduzen.bearblog.dev/from-empire-to-livelihood-inheritance-taxation-as-jurisprudence/

#InheritanceTax #PoliticalEconomy #PostGrowth #Jurisprudence #Commons #Degrowth

🏛️ From Empire to Livelihood: Inheritance Taxation as Jurisprudence

A continuation of & We often treat inheritance as a private affair — a family matter, a final gift. But every bequest sends out ripples. Inheritance is ...

educationZEN

News Beep Jul 27

Republicans may come to regret Trump’s Columbia shakedown.

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