Thursday, June 6, 2013

Understanding the purpose of something

Yesterday, whilst I was on my soap-box on twitter ranting that we should have scientists instead of judges, after another silly move by a judge (this time in India, claiming that girls sometimes enjoyed rape - thankfully he quit later in the day), someone told me a "judge is knowledgeable on the law, and that is the topic of the case."

Needless to say, I disagreed.

The topic of a case is the event that needs to be inquired about, in order to find out the truth of what happened, whether it be a homicide, or fraud.  The event where someone got wronged is the topic of the case - the law is not the topic.

Once the truth about what happened during an event is determined, then it's just a case of checking to see if that action is against the law, and if so, what the punishment should be - or, if necessary, what correct the consequences of the action.

It's a slippery slope to think that "the law is the topic".  If you put the "law" cart before the "society" horse, it fails to protect those it was put in place for.

The icing on the cake here, was when I told this person (who said the above to me) that I already had a canned response to her side of the debate and presented a previous blog post as evidence, she didn't want to see the evidence and dismissed it.  

Oh, the irony...