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EMOTIONS or LOGIC.

Which should or laws be made using. Logical reasoning or emotion

Poncho69 8 Mar 28
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I have always been a fan of the "justice tempered by mercy" doctrine. That is, make laws that are rational, unambiguous, and fair while enforcing them only when it is crystal clear that they have been intentionally broken.

For example, the idea of "ignorance of the law is no excuse," is largely bull. If you don't post speed limit signs - or worse yet, post signs and let overgrowth cover them up - and then fine people for breaking a speed limit they had no means of knowing of, that's injustice.

I am reminded of the recent decision to categorize "misogyny" as a hate crime in London; what does that mean exactly? How do you criminalize something that's broadly subjective and - if I understand their language correctly - is based on the viewpoint of the woman as to whether the action against her was predicated on her sex?

So a criminal mugs a guy and takes his wallet. But if the same criminal now mugs a woman and takes her purse, she now also gets to decide whether the mugging was because she was a woman, and therefore can be elevated to hate crime status. How is this remotely sane?

Does that mean if I hold a door open for a woman and she thinks it's pandering to women as the weaker sex, I can be charged with misogyny? Does that also mean that if I DON'T hold a door open for a woman, and she thinks it's because I must clearly disrespect women to act so ungentlemanly, I can be charged with misogyny? It's completely absurd to enforce a law that's based on how the victim views the world, or even what kind of mood they're in that day.

I had on girlfriend tell at me for opening the door had a different girlfriend complain I don't open door. We men are expected to be sycic

0

Well you are hardly one for logic or facts so what do you really think.
My guess... just things that fit your distorted logic and reasoning.

1

Question is a bit loaded when you say "emotional blackmail" rather than just emotions alone... but:
Logic seems to be a subjective thing these days... Like reality for some.
It's really based on both depending how a specific group feels about something. Look at age of consent laws - what are they based on (they're not uniform across the world)? Why can I drink at 18 in Australia, but not till 21 in the US? What is sentecing based on?
Also, an act may result in a logical emotional response, the two aren't always seperate.

Tom81 Level 8 Mar 29, 2021

Okay I edited it for you

Exactly what law is correct the old law the future laws or the present laws. What country has correct law can't all be correct but can all be wrong.

@Poncho69 exactly. There's no real answer and if there was, it would have to shift with public sentiment (or mass emotion).

@Tom81 emotions don't make logical ideas

@Poncho69 they don't, but they can, depending on the issue. I've been delving into psychology to understand emotions, and there is some logic behind them (even though it may be twisted, convoluted or just subconscious based on experience). Laws and ideas are also two very different things, both open to interpretation. How I interpret your question may be different to someone else's understanding - and this can be the crux of the problem. If laws are partly based on public consesus, is that not based on emotions to some degree? Certain things are illegal because society has a certain feeling towards that act. And sentencing is based on society consensus on feeling that certain acts are more horrific than others and demand harsher punishment. In general though, laws can be very arbitrary and certainly the system favours those with money or in power.
Interesting question though, a close friend of mine is studying law (we often discuss all the case studies she has to do), so by default, I'm learning about it too 😅

@Tom81 my mum was a law teacher. My uncle a lawyer and aunt was a judge. My grandfather was a police officer and for 500+ years before that our family were all lawyers. I say we talk about 3 subjects in our family. Law religion and sports.

@Poncho69 well then I defer to your expertise 😅. I'm definitely not an expert. From my experiences, the law isn't applied equally. Judges sometimes hand out ridiculously heavy sentences, sometimes ridiculously light, based on what?... sometimes little more than their personal views/ideas/feelings of the individual on the stand. I've been dealt a heavy sentence for something petty (possession of a BB gun) with no priors, while someone with a similar (but far worse multiple weapon) charge and a long criminal history gets off with a slap on the wrist. What's that based off other than how the judge feels?
Also, as you've mentioned, laws are different around the world - which to me demonstrates how different societies place different values based on how they feel towards a particular act.

@Tom81 yes it seems your status is biggest determining factor in sentence

1

How about using reason to protect rights....rather than emotional seeking to strike back...

so, logic for me...

I’m good with reason and logic and to hell with emotion and bleeding hearts syndrome. The law is Justice so make sure it works in the correct context. Yes I agree in cases where rights are enshrined, religious practices that are peaceful and law abiding -yes!

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