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Law is a blunt tool
OpposingArgument
1
#31957
The law is a blunt instrument, juries can use their common sense. The defence, prosecution and judge can all advise on precedent.
CONTEXT
(Help)
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Parental Force and Children »
Parental Force and Children
Parental Force and Children☜A map exploring the debate around the use of force by parents against children (following the amendment of New Zealand law in 2007 to remove the legal defence of reasonable force).☜F1CEB7
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Should it be legal for a parent to smack a child? »
Should it be legal for a parent to smack a child?
Should it be legal for a parent to smack a child?☜Should it be legal for a parent to smack a child? ☜FFB597
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Yes, depending on the circumstances and the degree »
Yes, depending on the circumstances and the degree
Yes, depending on the circumstances and the degree☜ It should be legal for parents to smack a child under the right circumstances and to the right degree.☜59C6EF
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Who decides what is appropriate? »
Who decides what is appropriate?
Who decides what is appropriate?☜Who determines whether the circumstances and degree are appropriate?☜FFB597
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Juries should decide »
Juries should decide
Juries should decide☜Where prosecutions are brought, it should be for the jury to decide whether the circumstances and degree of force used were reasonable.☜59C6EF
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Law should be objective »
Law should be objective
Law should be objective☜It should not be the role of juries to arbitrarily decide whether they consider something reasonable according to their own standards. It is the very purpose of the law to define what is to be considered reasonable.☜EF597B
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Law is a blunt tool
Law is a blunt tool☜The law is a blunt instrument, juries can use their common sense. The defence, prosecution and judge can all advise on precedent.☜EF597B
●
Why have law at all? »
Why have law at all?
Why have law at all?☜If it is to be left up to juries to decide what is reasonable based on common sense in this matter, then why not on every matter? Why not have but one law, which reads People may not do what they ought not be allowed to, according to common sense.?☜EF597B
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Entered by:-
Rebel Conservative
NodeID:
#31957
Node type:
OpposingArgument
Entry date (GMT):
10/5/2009 1:38:00 PM
Last edit date (GMT):
10/12/2009 10:32:00 AM
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