@fresco,
fresco wrote:Your idea of "a free society" is simplistic.
I simply support
laissez faire free enterprize,
with government being severely crippled,
exalting liberty of the Individual citizen.
I encourage
each citizen to be zealously
anti-communitarian.
We need to bear in mind that
personal freedom and the domestic jurisdiction of government are
INVERSELY PROPORTIONAL.
fresco wrote:No society can be "free" by virtue of the social agreements limiting behaviour,
and those agreements are what defines "a society".
I propose that each citizen join in trampling down the
collectivism of "society"
and
magnify the intensity of
PERSONAL FREEDOM.
We shoud have a butterfly on the
American ` Flag,
whose
flatulence represents government in America.
fresco wrote:One such agreement is about "duty of care" for professionals whose business it is to assist minors
or the mentally incapacitated (whether that be through illness, senility, stress or drug abuse).
"
Consensus facit legum."
The expert's duty shoud be
defined by the contract between the parties,
not by any interloping 3rd party (like government).
fresco wrote:So the prosecutor could argue
EITHER
The doctor was incompetent in not diagnosing MJ's state which would have indicated a greater duty of care.
OR
The doctor did know MJ''s state, but was unprofessional in not providing the correct level of care.
Note that the defense argues that while the defendant was absent from the room,
answering the call of nature, the decedent grabbed some drugs and ate them.
If I were on the jury, I 'd find
very abundant reasonable doubt.
David