[ql06] Re: PUBLIC: Civil liberties
- From: "Ken Campbell -- LAW'06" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Tue, 30 Sep 2003 22:41:40 -0400
Mark... you seem to be constantly jumping around with definitions and
arguments.
Now you are using the word "equity" in a different sense... "fairness."
Of COURSE all law is about fairness. And in that sense, of COURSE it
shows up in every class, as each case chosen is about appeals and
measuring fairness in specific scenarios.
Saying the law is about fairness is like saying the Sun rises in the
morning. Tautology.
I introduced the word "equity" in a specific context. Stick to it, at
least in the thread in which I introduced it.
I made a very clear distinction between "equity" (naturalis æquitas) and
your more dictionary-ish use of "fairness." And I used it in a specific
instance of civil liberties (the thread name).
Ken.
--
At the constitutional level where we work, 90 percent of
any decision is emotional. The rational part of us
supplies the reasons for supporting our predilections.
-- William O. Douglas
U.S. Supreme Court Justice
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