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Old February 14, 2009, 04:18 PM   #24
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 1,653
Quote:
I have practiced. Have you?
Yes. I still do.

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Result oriented jurisprudence is essential to proper interpretation of result oriented law, ie...all law. Law is written to obtain a result. Hence result oriented jurisprudence (interpretation of the law to achieve the result set forth in the law) does not necessarily entail false rationales, or inferior reasoning. Look at 4th Amendment issues for the best result of that
That is incorrect. Your misuse of the term suggests that you are unfamiliar with it, though I would have hoped my original explanation would have resolved any genuine confusion. I assure you that I didn't coin the term. See below.

http://bench.nationalreview.com/post...U1YzQxZDY4ZmI=

If you regard with enthusiasm jurisprudence that determines a result first and only then seeks a justification for the result, that is your right, but it shouldn't make the idea difficult to understand.

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Perhaps you are confusing some concepts here. Would you be referring to what is commonly known as "legislation from the bench", which does entail the problems you set forth[?]
No. "Legislation from the bench" is a distinguishable concept. If a google search leaves either unclear, feel free to request clarification.

I understand that you are a fixture here and may be given a wide birth. That's fine, but it doesn't make incivility more appropriate.
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