tag:blogger.com,1999:blog-5705719339981188195.post531102377054203163..comments2024-01-04T09:58:13.356-05:00Comments on Persuasive Authorities: Israeli Law and Palestinians - Land and RemandUnknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5705719339981188195.post-37723918694452976312010-02-15T23:40:48.378-05:002010-02-15T23:40:48.378-05:00Right. Being the realist that I am, I don't fi...Right. Being the realist that I am, I don't find it objectionable (though there are interesting questions of good faith here and complicated questions of rule of law that have to figured out). The objectionable part would be with the content of the decision (is it justice promoting) rather than the judicial methodology.Adam Shinarhttps://www.blogger.com/profile/10165846122103746240noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-28597682590532532562010-02-15T18:02:56.607-05:002010-02-15T18:02:56.607-05:00Ok. Now I see, Adam. I was wondering whether you t...Ok. Now I see, Adam. I was wondering whether you thought is was improper for a judge to reason backward, that is to say, for a judge to have a specific result in mind -- for instance, X is bad -- and then to craft an opinion that allows her to reach and defend that conclusion, instead of beginning from first principles and reaching an answer that is not pre-determined. <br /><br />Because if you agree that the law is just an instrument in the toolkit of social engineers, then this kind of decision-making should not be objectionable. Right?Richard Alberthttps://www.blogger.com/profile/02230047824468034053noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-29565192805897000672010-02-15T12:41:15.280-05:002010-02-15T12:41:15.280-05:00Richard, I agree with your first part, but what do...Richard, I agree with your first part, but what do you mean by looking askance at outcome-oriented tests? I don't think I necessarily have a "legal" problem with these tests. What I object to is the substantive content of the normative vision they seek to promote.Adam Shinarhttps://www.blogger.com/profile/10165846122103746240noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-77117973134209020842010-02-14T19:19:43.456-05:002010-02-14T19:19:43.456-05:00If we regard the law as a tool to shape civil soci...If we regard the law as a tool to shape civil society, and if the judiciary is only one of several political actors who deploy the law in that effort, then why should we look askance at outcome-oriented tests?Richard Alberthttps://www.blogger.com/profile/02230047824468034053noreply@blogger.comtag:blogger.com,1999:blog-5705719339981188195.post-86213255593034569692010-02-14T15:56:53.881-05:002010-02-14T15:56:53.881-05:00Practices like these and the ongoing construction ...Practices like these and the ongoing construction of settlements in East Jerusalem will at some point render the peace process moot altogether. Sigh.anna suhttps://www.blogger.com/profile/14927814636444539255noreply@blogger.com