Linked by Thom Holwerda on Fri 10th Sep 2010 23:38 UTC
Legal EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!
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RE: US Justice System
by imaginant on Sat 11th Sep 2010 14:08 UTC in reply to "US Justice System"
imaginant
Member since:
2010-02-26

I think it has to do with precedent; US law follows what was previously decided in similar cases. IMNAL, but I would speculate that this concept originates from the various arguments regarding how to interpret the US constitution. For example, does one expand the meaning of the constitution by creating new law, or does one simply follow the succession of law that has unfolded in the time frame since the constitution? The latter seems to prevail today.

This means that in America, you can do what ever you want as long as there is not a law prohibiting it. In other words, reason has nothing to do with it. If there is not law against it, you can do it. One egregious example is that you can make an ad of complete lies, and say, in the hidden, fine print that it is all lies, and you will have not broken the law. Just read the ads for losing weight. Now, what kind of person would do this? Well, one which wants to exploit others. This includes a number of people and businesses and virtually all politicians (well, most, anyway). But not most Americans.

Here is my point. Most Americans are very good people, but the government and politicians (and some businesses) are morally corrupt abetted by a legal system that has a basis in precedent rather than morality (or reason and sense if you object to the word morality). This must be very hard for non-Americans to understand; probably, most Americans have trouble with understanding this. But, awareness in growing.

Reply Parent Score: 2

RE[2]: US Justice System
by M.Onty on Sat 11th Sep 2010 14:35 in reply to "RE: US Justice System"
M.Onty Member since:
2009-10-23

I think it has to do with precedent; US law follows what was previously decided in similar cases. IMNAL, but I would speculate that this concept originates from the various arguments regarding how to interpret the US constitution.


Similarly, I'm no lawyer, nor historian, but I'm fairly sure the US legal system is like this because it mimics the English Common Law system. That comes from a Mediaeval king (Henry II?) insisting that county courts consider the past rulings made within other county courts in order to reduce what would now be called a "postcode lottery" approach to justice.

Reply Parent Score: 2

RE[3]: US Justice System
by Thom_Holwerda on Sat 11th Sep 2010 14:48 in reply to "RE[2]: US Justice System"
Thom_Holwerda Member since:
2005-06-29

"I think it has to do with precedent; US law follows what was previously decided in similar cases. IMNAL, but I would speculate that this concept originates from the various arguments regarding how to interpret the US constitution.


Similarly, I'm no lawyer, nor historian, but I'm fairly sure the US legal system is like this because it mimics the English Common Law system. That comes from a Mediaeval king (Henry II?) insisting that county courts consider the past rulings made within other county courts in order to reduce what would now be called a "postcode lottery" approach to justice.
"

I understand allt his - this was not the point I'm trying to make.

The point I'm trying to make is that within a system where the courts have a relatively strong say in how the law should be applied (as is the case in the US), wouldn't it make more sense to use that say to make sure the law is applied in a modern way? Consider past rulings - yes - but amend and update them where it makes sense?

I think that would be EXACTLY the point of having such a system in the first place.

Reply Parent Score: 1