REPREHENSIBLE PRETENSIONS
Omitting mention of determinative facts is tantamount to perjury, in that it falsely frames, presents, the issue
to be decided as though it were other than the one that centrally matters.
Like omitting variables, functions , or constants in a mathematical or chemical equation or recipe will alter thereby its outcome, similar material factual omissions will also alter legal issues, in derogation of justice, while pretending to do justice; but are not.
Facts are the basis of law and of life . "Alternative facts" are not new in 2017. They are old as the United States of America's claim to be "free!"
Less than fully rigorous presentation of accurate facts that are pertinent to any determination, whether legal or otherwise, is perfidiously wicked.
It matters not that the omission is not done purposefully. It is as injurious, as it is perjurious; it is as injudicious as it is pernicious, when viewed from a victim's point of view, either way!
Intent's lack does not mitigate injury, nor does lack of intent dissipate said injury's intensity nor its malignancy. The outcome is the same to victims.
Because justice requires examination of both adversaries' points of view, not to do so conscientiously destroys balance. Where there is no balance there is but imbalance; where there is imbalance no justice nor fairness are.
Factual emasculation is a practice that is too often pursued to placate the pained consciences of its primary purveyors and practitioners: lawyers, judges, teachers, journalists, bankers, scientists, politicians, preachers, and police; in short, those persons in jobs or professions with whom the trusts, or means of public power are lodged.
These people know that they are doing wrong. They are fully aware of the injuries that they cause, but they rationalize, excuse, justify, pretend. They are also paid to go along, and punished for not participating in it.
"Ubi jus, ibi remedium," is the Latin maxim saying "for every right there is a remedy." This we learned in first year law school. "Expressio unias est exclusio alterious" means "stating one thing is excluding another thing."
"Pick your poison" is another way of putting them. By any name, even "perjury" or "lying," it is in full display at the Senate confirmation hearing of 10th Circuit Court of Appeals Judge, Neil Gorsuch to the United States Supreme Court, recently concluded.
During the hearing in the Senate, the fact--not a hasty hypothetical --of the "frozen truck driver" was brought forth by opponents of Neil Gorsuch's confirmation to the Court to show that he cared more about an employer's property than he did human life, as expressed in his lone, written dissent from the judgment .
http://abovethelaw.com/…/the-frozen-truck-driver-case-demo…/
Pretensions are both prehensile and reprehensible. Unless detected and challenged, the miscreant slithers away securely under a rock to hide; thus, it awaits its next victim to strike. http://abovethelaw.com/2017/03/the-frozen-truck-driver-case-democratic-senators-are-hanging-on-neil-gorsuch/
Friday, March 24, 2017
PRETENSIONS
REPREHENSIBLE PRETENSIONS
Omitting mention of determinative facts is tantamount to perjury, in that it falsely frames, presents, the issue
to be decided as though it were other than the one that centrally matters.
Like omitting variables, functions , or constants in a mathematical or chemical equation or recipe will alter thereby its outcome, similar material factual omissions will also alter legal issues, in derogation of justice, while pretending to do justice; but are not.
Facts are the basis of law and of life . "Alternative facts" are not new in 2017. They are old as the United States of America's claim to be "free!"
Less than fully rigorous presentation of accurate facts that are pertinent to any determination, whether legal or otherwise, is perfidiously wicked.
It matters not that the omission is not done purposefully. It is as injurious, as it is perjurious; it is as injudicious as it is pernicious, when viewed from a victim's point of view, either way!
Intent's lack does not mitigate injury, nor does lack of intent dissipate said injury's intensity nor its malignancy. The outcome is the same to victims.
Because justice requires examination of both adversaries' points of view, not to do so conscientiously destroys balance. Where there is no balance there is but imbalance; where there is imbalance no justice nor fairness are.
Factual emasculation is a practice that is too often pursued to placate the pained consciences of its primary purveyors and practitioners: lawyers, judges, teachers, journalists, bankers, scientists, politicians, preachers, and police; in short, those persons in jobs or professions with whom the trusts, or means of public power are lodged.
These people know that they are doing wrong. They are fully aware of the injuries that they cause, but they rationalize, excuse, justify, pretend. They are also paid to go along, and punished for not participating in it.
"Ubi jus, ibi remedium," is the Latin maxim saying "for every right there is a remedy." This we learned in first year law school. "Expressio unias est exclusio alterious" means "stating one thing is excluding another thing."
"Pick your poison" is another way of putting them. By any name, even "perjury" or "lying," it is in full display at the Senate confirmation hearing of 10th Circuit Court of Appeals Judge, Neil Gorsuch to the United States Supreme Court, recently concluded.
During the hearing in the Senate, the fact--not a hasty hypothetical --of the "frozen truck driver" was brought forth by opponents of Neil Gorsuch's confirmation to the Court to show that he cared more about an employer's property than he did human life, as expressed in his lone, written dissent from the judgment .
http://abovethelaw.com/…/the-frozen-truck-driver-case-demo…/
Pretensions are both prehensile and reprehensible. Unless detected and challenged, the miscreant slithers away securely under a rock to hide; thus, it awaits its next victim to strike. http://abovethelaw.com/2017/03/the-frozen-truck-driver-case-democratic-senators-are-hanging-on-neil-gorsuch/