Re:To Make Police Accountable, End Qualified Immunity
by staticautomatic on Monday June 01, 2020 @01:13PM
(#23380937)
Another good reason to abolish common law.
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Re:To Make Police Accountable, End Qualified Immunity
by thephyber on Monday June 01, 2020 @04:13PM
(#23383207)
I'm a critic of all of the foundations of the US legal system, but I would want to know more about the effects of something like "abolish common law" before we jump right in.
I see that a little like someone yelling "let's abolish gravity" without stopping to consider: "what continues to exist if gravity no longer applies?"
Re:To Make Police Accountable, End Qualified Immunity
by staticautomatic on Monday June 01, 2020 @11:23PM
(#23387066)
I've spent more than a decade working in the courts. Also there is an entire section of the Wikipedia page on common law called "alternatives to common law systems".
Re:To Make Police Accountable, End Qualified Immunity
by staticautomatic on Friday June 05, 2020 @06:53PM
(#23434917)
Imagine a system in which every time you encounter a new problem or a new variation on a known problem, the only acceptable response is one which comports with what you've done before. That's common law.
Re:To Make Police Accountable, End Qualified Immunity
by nemosaltat on Monday June 01, 2020 @05:11PM
(#23383876)
I first encountered Chesterton’s Fence [0] in an HN thread about a year ago. I think your comment echoes that principle nicely.
[0] https://en.m.wikipedia.org/wiki/Wikipedia:Chesterton%27s_fen...