no third solution

Blogging about liberty, anarchy, economics and politics

Breaching the Absurdity Threshold

January 17th, 2007

Just, wow. I’m too tired for this shit:

“Technically,” [Michigan Appellate Judge William Murphy] added, “any time a person engages in sexual penetration in an adulterous relationship, he or she is guilty of CSC I,” the most serious sexual assault charge in Michigan’s criminal code.

In many other states, judges may reject a literal interpretation of the law if they believe it would lead to an absurd result. But Michigan’s Supreme Court majority has held that it is for the Legislature, not the courts, to decide when the absurdity threshold has been breached.

The headline reads: Adultery could mean life, court finds. And it represents just about everything that is wrong with the rule of law under which we live. Seriously – it’s up to the legislators to decide whether a ruling leads to absurd results? Are you fucking kidding me? The legislators don’t sit on the appeals courts. They don’t foresee the absurdities because nobody’s foresight is perfect. They don’t imagine breaches of the constitution, because nobody’s circumspect is perfect. They don’t see the absurdities, and even if they do – in a publicized case, for instance – they lack the requisite power to do anything meaningful about it.

no third solution

Blogging about liberty, anarchy, economics and politics