Aswad
Posts: 9374
Joined: 4/4/2007 Status: offline
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quote:
ORIGINAL: Anaxagoras Personally I would oppose arbitration according to the religious laws of any faith. In the UK for example Sharia courts have some capacity to enforce rulings but this may change. So long as both parties choose to be members of a group, with knowledge of the rules of that group, it follows that there's nothing inherently undesireable about having the group arbitrate issues concaerning only members of the group in an internal organ that is recognized by the group, so long as a defined nationwide standard is applied to the criterion for proper judicial proceedings, along with defined limits on permissible measures and a defined enforcement model. That is quite far from what is the case in the UK, and- ironically- closer to the case in Jordan. For a non-monopoly on law to work (which augments freedom when it does), this would mean seperating the structure, function and form of the judicial apparatus and building a framework for alternative jurisdictions to coexist with the common baseline that applies to people with no attachment to an alternative one (or in cases where not all parties are attached to the same alternative jurisdiction). Also, it is an absolute requirement that one be able to detach from such alternative jurisdictions (prior to any crime falling under said jurisdiction) and that children are subject only to the common baseline until they are of an age to make an informed choice. As a hypothetical example, a duelling-positive community might then exist, wherein a duel that does not affect non-members would then be subject to the jurisdiction of that community's appointed judicial body. The proceedings would still require a jury of peers, still have an identical burden of proof, and so forth. Apart from making it effectively legal for those people to duel to the death in a designated space they've purchased and secured from the general public (though documentation/evidence is still required to establish jurisdiction, since a killing is unlawful under the common baseline), it would also make it possible for them to impose penalties for breaches of the conduct required of the participants, limited by the overarching framework (i.e. there's no capital punishment in the UK, so it cannot be issued by an alternative jurisdiction). We already do such things in more trivial arenas, like workplace disputes. A formal framework to support heterogeniety and harmonious coexistence strikes me as a step forward, whereas the arrangements that are actually attempted tend to be a step backward instead. This is a function of the desire to maintain a monopoly while affording some concessions to large interest groups, which is a broken way of handling anything. Health, al-Aswad.
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"If God saw what any of us did that night, he didn't seem to mind. From then on I knew: God doesn't make the world this way. We do." -- Rorschack, Watchmen.
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