Quote:
Originally Posted by piercehawkeye45
Whether he said it or not does not matter because interpretation is ALWAYS subjective.
|
While true, it is not a justification of or an endorsement of subjectivity. Subjectivity is a shortcoming that must be overcome in order to provide fairness.
You are equating subjectivity to fairness. Subjectivity is objectivity compromised by bias - any bias - the bias of an ignorant, rich white guy (9 ignorant, rich white guys passed the civil rights act, by the way) ruling on the plight of migrant farm workers or the bias of a Latino woman who may be called upon to rule on an anti-trust case.
I agree that no one on the court is free from bias. I do not agree that subjectivity is a goal of the judicial system. The judicial system strives for the unattainable goal of being free of bias and subjectivity.
Its up to the prosecutor and the defense attorney to make the judges aware of and sympathetic to the unique circumstances of each case. Its up to the judges to apply the law without regard to their personal agendas and beliefs. If the judges are the ones supplying the subjectivity then neither side needs a lawyer.