Linked by Thom Holwerda on Tue 18th Dec 2012 14:31 UTC
Legal Lots of news about Apple vs. Samsung (and vice versa) in both the US and Europe today. In the US, judge Koh dealth two blows: one to Samsung (no retrial based on juror misconduct), the other to Apple (no permanent sales ban). In Europe, in the meantime, Samsung announced it will cease all lawsuits injunction requests against Apple... But only in Europe.
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RE[7]: Jury qualifications?
by saso on Wed 19th Dec 2012 14:45 UTC in reply to "RE[6]: Jury qualifications?"
saso
Member since:
2007-04-18

Who gets to decide who's too stupid to vote?

That, of course, is largely why meritocratic systems haven't been implemented - it's hard to find a good standard for that and agree to use it ("intelligence" is no easily quantifiable metric).

I don't think the post you're responding to is anywhere near as libertarian as you suggested

He criticised regulating hazardous substance use, such as alcohol/tobacco consumption - sounds pretty hard-line libertarian from my point of view, especially when you consider that we know, unambiguously, that these substances can cause significant harm, they regularly do, and that regulation has lowered the incident rate.

but fundamentally even the strictest system must comes down to trusting your fellows. Healthier for society to take a risk on a significant minority of its own being plonkers and base itself on trust than to try to exclude them and base itself on distrust.

Fundamentally, I'm not arguing for anything else, but I am arguing in placing trust in qualified people vs. just the grey masses. This becomes especially clear when dealing with matters where tolerance for error is very small, e.g. medical doctors, engineers, scientists, etc. We do not elect them by popular vote, they earn our trust on track record. All I'm asking for is that we use the same principle in the judicial process as well (the "track record" being composed of accurate judgements, not on how many people they incarcerate - a common misconception of justice in the US).

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