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Re:Journalist faces criminal charges over coverage of protest by kazinator on Friday March 23, 2018 @09:22PM (#16664147)
The letter of the law in fact does operate that way, more or less. The non-binary consideration is in the area of interpretation and severity of application of the law.

The letter of the law can open up cans of worms.

You've never heard of the exploitation of legal loopholes?

Re:Journalist faces criminal charges over coverage of protest by Retric on Saturday March 24, 2018 @07:35AM (#16666095)
Intent for example is an important part of the law. Holding a camera is not enough to qualify as a journalist.

The letter of the law is critical because the word choice matteres. The difference between consent and informed consent is huge.

Re:Journalist faces criminal charges over coverage of protest by kazinator on Saturday March 24, 2018 @12:35PM (#16667441)
Intent is hard to determine since someone's intent is not directly accessible. It can only be inferred from behavior and other surrounding evidence.

However, the inclusion of intent into a law doesn't inherently require any ambiguity in the law itself. The way in which intent factors into a statue can be crystal clear.

> The difference between consent and informed consent is huge.

And not fuzzy in any way; quite "binary", like a computer.

Re:Journalist faces criminal charges over coverage of protest by Retric on Monday March 26, 2018 @09:50AM (#16678826)
And not fuzzy

Only in theory, in practice these things decided on a case by case basis. You get things like, "Is the wording of this document clear enough not just possible to decipher."

"I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ["hard-core pornography"], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.[4]" is actually part of case law.

Re:Journalist faces criminal charges over coverage of protest by kazinator on Saturday March 24, 2018 @09:18PM (#16670061)
s/statue/statute/ :)
Re:Journalist faces criminal charges over coverage of protest by daturkel on Friday March 23, 2018 @09:36PM (#16664219)
What makes you think that all written law is unambiguous?
Re:Journalist faces criminal charges over coverage of protest by kazinator on Friday March 23, 2018 @09:40PM (#16664235)
What makes you think I wrote the statement "all written law is unambiguous"?

Do you suspect that the statutes of Canadian law which applies to this particular case are ambiguous? Or if not, should they be, and would that somehow help in some way?

Re:Journalist faces criminal charges over coverage of protest by Retric on Monday March 26, 2018 @09:53AM (#16678852)
All law is ambiguous. It's just a question of degree of ambiguity.