Originally Posted by
120mm
So-called "good law" is only "good" if you share the same cultural background and decision-making process. If you look at it without emotional loading, our "laws" are more like a form of pricing. If you want to murder someone, there is a price tag attached, which price is completely negotiable. "Mitigating circumstances" are a euphemism for "bargaining" on the final price.
Pricing is the punishment phase of the law and yes it is priced in degrees 1st,2nd,3rd,etc. Felony or Misdemeanor. Murder often has the price tag of Capital Punishment at least in Alabama.
If one's culture requires vengeance, (which, of course, is primitive and inferior to our incredibly perfect and objective Western Legal System [tm]) then being prohibited from putting down someone who needs it, badly, whether in confinement or no, that pesky law prohibiting it, is highly subjective in nature.
We will just have to disagree on that, the criminal statute that defines murder is about as objective as one can get. I would be the last person to ever tell you the Western justice system is perfect.
So lawyers are pretty much useless for debating the "rightness" or "wrongness" of law. They are only the minor functionaries whose job is to debate the price.
Lawyers do debate rightness or wrongness of a law all the time. Laws are challenged all the time.
Of course, you can always "steal" the "product" by getting away with the crime.
Yes you could do that.
Of course, in reference to Slapout's subjective versus objective argument:
How about when the government decides they can shoot someone who is in custody?
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