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Law And Order Criminal Intent Antithesis ..

13/10/2002 · TV - Law & Order / Criminal Intent a list of 8 titles created 07 Feb 2015 ..

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Law And Order Criminal Intent Antithesis Recap

To the third question I wish to reply that the “golden rule” mentioned in the preceding pages could not be changed into a rule of thumb sufficient in itself to enable us to say when legislation is to be resorted to instead of common law. Other requirements are obviously needed to decide whether legislation is necessary or not in any particular situation. The “golden rule” has only a negative meaning, since its function is not that of organizing society, but that of avoiding as far as possible the suppression of individual freedom in organized societies. It enables us, however, to sketch some boundaries in this respect, to which I referred in the introductory chapter in summarizing in advance some of the points to be made in these lectures when I said that we should reject legislation whenever (a) it is used merely as a means of subjecting minorities in order to treat them as losers in the field, and (b) it is possible for individuals to attain their own objectives without depending upon the decision of a group and without actually constraining any other people to do what they would never do without constraint.

And Order Antithesis Episode Law And Order Criminal Intent Antithesis .

An even more striking example in this connection was related to me by a colleague. He had gone to protest against the issuance by a district attorney on an order of imprisonment against a driver who had run over and killed somebody in the street. According to our law, casual homicides may be punished with prison sentences. On the other hand, district attorneys are entitled to issue orders of imprisonment before the trial only in special cases prescribed by the rules of our criminal procedure whenever they consider that imprisonment may be advisable under the circumstances. It should be obvious that imprisonment before trial is not a punishment, but a security measure designed to prevent, for instance, the possibility that a man who has been accused of committing a crime may escape before being tried or even that he may commit other crimes in the meantime. As this was obviously not true in the case of the above-mentioned man, my colleague asked the district attorney why he had issued an order of imprisonment under the circumstances. The reply of the district attorney was that in view of the increasing number of motor vehicle casualties it was legitimate and proper on his part to try to prevent offenders from causing further inconveniences by putting them into prison. Besides, ordinary judges are usually not very severe against people indicted for casual homicides; hence a little taste of prison before trial would be a salutary experience for offenders anyway. The official concerned candidly admitted that he was behaving this way in order to “improve” on the law, and he felt perfectly justified in employing means like imprisonment even though it was not properly prescribed by the law for that purpose, in order to achieve the desired end of reducing traffic casualties.

law and order criminal intent antithesis recap..

The assessment of various forms of behavior and decisions in order to ascertain the area to which they properly belong and to locate them in that area, if consistently performed, would obviously involve a great revolution in the field of present-day constitutions and of legislative and administrative law. This revolution would for the most part consist in the displacement of rules from the area of the written to the area of the unwritten law. In this process of displacement great attention should be paid to the concept of , understood as a long-run certainty, in order to render it possible for individuals to make free choices in view not only of the present, but also of the future. In the process judicature ought to be separated as much as possible from other powers, as it was in Roman times and in the Middle Ages, when was separated as much as possible from the . Judicature should address itself much more to discovering what the law is than to imposing on the parties to the dispute what the judges want the law to be.

Law-making was the business of popular legislative assemblies, and the general rules laid down in written form by those assemblies were contrasted with the arbitrary orders of tyrants. But the Greeks, and particularly the Athenians, were to realize fully in the second half of the fifth and in the fourth century before Christ the grave inconveniences of a law-making process by means of which all the laws were (that is, precisely worded in a written formula), but without being abrogated or modified by a subsequent law. Tysamenes” reformation of the Athenian constitution at the end of the fifth century offers us an example of a remedy against this inconvenience that could be usefully pondered by contemporary political scientists and politicians. A rigid and complex procedure was then introduced in Athens in order to discipline legislative innovations. Every bill proposed by a citizen (in the Athenian direct democracy every man belonging to the general legislative assembly was entitled to present a bill, whereas in Rome only the elected magistrates could do so) was thoroughly studied by a special committee of magistrates () whose task was precisely that of defending the previous legislation against the new proposal. Of course, proponents could freely argue before the general legislative assembly against the in order to support their own bills, so that the whole discussion must have been based more on a comparison between the old and the new law than on a simple oration in favor of the latter.

Law & Order: Criminal Intent Season 2 Episode 3 Anti-Thesis

An aggressive concept of legislation to serve sectional interest has subverted the ideal of political society as a homogeneous entity, nay, as a society at all. Minorities constrained to accept the results of legislation they would never agree to under other conditions feel unjustly treated and accept their situation only in order to avoid worse or consider it as an excuse for obtaining on their behalf other laws that in turn injure still other people. Perhaps this picture does not apply to the United States in such full measure as it does to several nations in Europe in which socialistic ideals have covered so many sectional interests of transitory as well as of lasting majorities within each country. But I need only refer to such laws as the Norris-La Guardia Act to convince my readers that what I am saying applies also to this country. Here, however, legal privileges in favor of particular groups are usually paid for, not by another particular group, as is the case in European countries, but by all the citizens in their capacity as taxpayers.

The Greek or Continental notion of the certainty of the law actually corresponds to the ideal of individual liberty formulated by the Greek authors who speak of government by the laws. There is no doubt that government by the laws is preferable to government by decrees of tyrants or of the mob. General laws are always more predictable than particular and sudden orders, and if the predictability of the consequences is one of the unavoidable premises of human decisions, it is necessary to conclude that the more that general rules render predictable, at least on the legal plane, the consequences of individual actions, the more these actions can be called “free” from interference on the part of other people, including the authorities.

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Another indication of a trend in the same direction may be seen in the behavior of people who willingly renounce in some countries, at least to a certain extent, their right to take advantage of discriminatory statutes like the Landlord and Tenant Acts, which enable one of the parties to violate previous agreements, for example, by the renewal or nonrenewal of leases, the ability of the landlord to increase the rent, etc. In these cases, the deliberate attempt made by the legislators to disrupt, through an enacted law, previous engagements freely entered into and kept, proves a failure, notwithstanding the obvious interest that one of the parties could have in invoking the law.

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We have seen that simple majority rule is not the only rule that may cause these effects. . We have also seen, however, that qualified majority rules may work better than simple majority rule to discourage maximizing minorities from imposing their will on the whole group through the well-known procedure of logrolling. It would seem at this point that the more you increase the majority necessary for making a group decision, the more you protect the dissenting minorities from being exploited by well-organized elites of maximizers. However, this is not the case. As Buchanan and Tullock have shown in their work, the costs of reaching an agreement among the voters of a group tend to increase rather sharply when the qualified majority rule approximates the unanimity rule. In other words, any voter tends to consider his consent as very precious when he knows that the number of voters needed for a valid decision is very high. If the other voters want his consent he may be tempted to act in the same way as a discriminating monopolist in order to obtain the full advantage of the bargain.

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