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Entries Tagged as 'Law & Justice'

Law and Lawyering — War?

August 5th, 2008 · No Comments

George Orwell once wrote:
Serious sport has nothing to do with fair play. It is bound up with hatred, jealousy, boastfulness, disregard of all rules and sadistic pleasure in witnessing violence. In other words, it is war minus the shooting.
Law and lawyering is very much like Orwell’s “serious sport.” 
Now of course you will say “not true, [...]

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Tags: American Culture · Law & Justice

Where are the lawyers of old?

July 26th, 2008 · No Comments

Where are those few lawyers of the late 60’s and early 70’s who cared about the poor, the outcast, the overwhelmed, the environment, the public trust, the public interest?  They no longer exist, for the very most part.  The lawyers, judges, people who appoint judges, the people who elect judges, the law schools and the professors [...]

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Tags: American Culture · Law & Justice · Philosophy · Politics

Martha Nussbaum: Tragedy

July 19th, 2008 · No Comments

Martha Nussbaum speaking to Bill Moyers about ethics, trust in others and the hope of such trust, and tragedy on YouTube here.  For more about Martha Nussbaum see Taimur Kahn’s website.

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Tags: Law & Justice · Philosophy

“Same Case” — Different Result, Same Court, What Gives?

July 12th, 2008 · No Comments

The Washington Court of Appeals, Division Three, decided another case dealing with whether the Washington Public Disclosure Act (RCW Ch. 42.56) applies to non-public entities which provide government services at the behest of the government. Leonora Claire Clarke v. Tri-Cities Animal Care & Control Shelter, No. 25222-1 - III (Apr. 24, 2008). In this case, [...]

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Tags: Law & Justice · Politics

Fallacies of Logic in Our Courts

July 12th, 2008 · No Comments

A fallacy of logic is a method of reasoning that does not have a sound basis in reason.
One fallacy we have quick recognition of is ad hominem argument  or  argumentum ad hominem (Latin: “argument to the man”, “argument against the man”).  Using this fallacy, one replies to an argument or factual claim by saying something about the [...]

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Tags: Law & Justice · Politics

Earwigging for Some but Not Others in Federal Courts?

July 4th, 2008 · 3 Comments

In Richard Sobol’s book Bending the Law: The Story of the Dalkon Shield Bankruptcy , a rather momentous example of earwigging of a federal district court judge is described.
In the Preface to the book, Mr. Sobol describes how A. H. Robins Company, the manufacturer of the Dalkon Shield, sought to consolidate the Dalkon Shield Litigation [...]

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Tags: Law & Justice · Scruggs Affair

Scruggs Matter and the Oedipus Complex

July 3rd, 2008 · 14 Comments

The Scruggs Matter may provide food for understanding and speculation about the Oedipus Complex.
The Oedipus Complex has to do with the love - hate relationship of the child to the father or father figure. Freud, as I recall, speculated that the boy child wanted to replace the father in the affections of the mother. Maybe, [...]

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Tags: Law & Justice · Psychoanalysis · Scruggs Affair · Uncategorized