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submitted 1 year ago by Type1@midwest.social to c/usa@lemmy.ml

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[-] atzanteol@sh.itjust.works 8 points 1 year ago

150+ year old documents written by law makers is how this country works. We can focus on both.

[-] Hegar@kbin.social 4 points 1 year ago* (last edited 1 year ago)

Sure but the intentions of people long dead doesn't need to come into it, is my point. We can apply the law as it makes sense in the context of the present.

[-] atzanteol@sh.itjust.works 3 points 1 year ago

One of the tenets of our legal system is that our laws are applied evenly so that people understand what is legal or not.

If the interpretation of a law changes with time then you could find yourself a foul of the law when previously you weren't. It's why "precedent" matters.

Absent precedent we need to understand what the law makers meant with the words they used. Especially for old laws since language changes over time.

This is an important step and how the system works. We cannot and should not skip it.

this post was submitted on 20 Dec 2023
291 points (98.0% liked)

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