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Brilliance of Lawyers and Judges

 
 
gollum
 
Reply Sun 14 Feb, 2016 01:45 pm
Even Scalia's liberal critics say he was brilliant.

As far as I can see, the work of the lawyer and the judge does not need and can not use brilliance or anything more than ordinary intelligence.

The lawyer/judge needs to apply the facts to the law in rendering a decision. The fairness of this process derives from the ability of the parties to the case to have done the same thing before they took their actions.
 
jespah
 
  3  
Reply Sun 14 Feb, 2016 01:56 pm
@gollum,
Juries are triers of fact; judges are triers of law (and they are triers of fact in the absence of a jury).

I have no idea what the remainder of your post is trying to say, but English-derived law (which American and Canadian law both come from) uses the principle of stare decisis. Essentially, if there is a precedent, it is to be followed. Conflicts arise when precedents are unclear or they conflict with each other, or they haven't been made yet. When computers were first invented, there was no such thing as computer law, for example. Hence precedent was more analogous. If something looked like slander, then slander precedent was used, etc.

Scalia was a very intelligent man. But I also went to school with a lot of people who weren't so brilliant. Many of them passed the bar, too, and have had careers in the law. Not every lawyer is a genius. Far from it. The discipline is difficult but it comes down to passing the bar exam, when all is said and done.
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