[LINK] Legal processes are not obvious [was: "Men at work" up a gum tree]

Roger Clarke Roger.Clarke at xamax.com.au
Fri Feb 5 10:04:48 AEDT 2010


At 9:44 +1100 5/2/10, Stephen Wilson wrote:
>  ... but it's really not fair to label anyone an "idiot" in this
>particular case.

Has anyone done that?

The words I used were carefully chosen:

       "either the judge, or the law, is a total idiot"

Firstly that provides some defence against a charge of contempt of court.

But mainly it allows for the possibility that the *judge* thinks that 
the law is a total idiot, and has written his judgement in such a 
manner as to invite a superior court to sort it out.

(Judges are not in a position to confirm or deny such speculation 
while they're on the bench.  And regrettably few of them ever provide 
clarification in their memoirs either).

-- 
Roger Clarke                                 http://www.rogerclarke.com/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University



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