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zsummers
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Join Date: Sep 2005
Location: New York?
 
2008-12-23, 17:31

And we shouldn't view the Boston Tea Party participants and Gandhi as heroes either. Punish them and do it quietly and strictly in accordance with sentencing guidelines. Civil disobedience has no place.

If you think the law is always right and should always be followed, you don't pay very much attention to the character and imperfections of the people who make it.

And a judge generally does have discretion to "take it easy" when sentencing in matters like this, precisely because of the imperfection of law. It's based on the principle of equity ("a branch of law that developed alongside common law in order to remedy some of its defects in fairness and justice"), a principle of law far older than our court system, and well-established. A jury, more controversially, has the option of nullification--returning a not-guilty verdict even if his conduct fits the bill.

But this is silly. I hope this kid gets off, founds an organization, and keeps up his bold ways. He's better suited to be a leader than most of these schmucks. And he's braver than I'll ever be.

P.S. And to be clear: I do not agree with anti-abortion protestors, but their civil disobedience for a cause they believe in is admirable, even if I find what they do to generally add only difficulty and stress to a most difficult process. And so long as things don't go over the line (no violence or intimidation--in either this kid's case or the protestors case), I believe that should be factored in "judging" these people.

"How could you falter / when you're the Rock of Gibralter? / I had to get off the boat so I could walk on water. / This ain't no tall order. / This is nothing to me. / Difficult takes a day. / Impossible takes a week."

Last edited by zsummers : 2008-12-23 at 17:35. Reason: updated for apple07's post...
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