Wednesday, November 17, 2004
THE TRANSCENDENCE OF LAW
Well, I'm blogging again :) Yeah, yeah, I know, you'll believe it when you see it.
Well, I have to say that the philosophy of law class that I am taking at school is very interesting. Interpretation of law is obviously a hot philosophiucal topic, and we've been reading different ways of interpretation. I still think te best was is some form of textualism, but that one must also include legislative intent, history, and traditions that surrund that law. As I mentioned awhile ago, if the country loses its Christian foundation, then there is no real reason to ban gay marriages. The concept is similar to an old case in the 1800s, where a grandson who stood to gain a huge inheritance from his grandfather. Well. the grandson murdered him, and after he was convicted, he wanted to collect on the inheritance. Well, probate law for this state said nothing about the inheritee murdering the inheritor to get the inheritance. So, on strict legal scrutiny, the grandson should be given his due.
Well, the Christian traditions of the time would clearly prohibit this, and the judges in the appellate case (indirectly) relied on this tradition to reverse the case. Well, some things can be said for this. Laws need transcendent boundaries or else the whims of man become the arbitrary measure of law. I think I'll blog more about this later.
Till next time, and there will be a next time... =)