no third solution » Archive
RE: On the “Nullification Memo”
Clay S. Conrad, author of Jury Nullification: The Evolution of a Doctrine, comments on Kip’s latest anti-Jury Nullification post, Many nullification advocates make an error, in my opinion, in arguing for the jury’s “right” to nullify. It is not a right; it is a prerogative. And it is a prerogative protected by the law… Libertarian types, not to mention the fringoids who have glommed onto this topic, tend to seek magic bullets. There are none to be found. However, JN is a lawfully protected prerogative, which juries, in their discretion, can exercise. To imagine that the Founders intended to jettison that prerogative requires such selective reading of history that the mind boggles. The Founders did not imagine that future judges would be perfect and impartial, or that legislatures would not usurp powers that … Read entire article »
Filed under: American Politics, Legalese
Wulf Inquires About Anarchism
Wulf aks about anarchism I find anarchists to be fascinating, compelling, and completely impenetrable. Jokes aside, the lack of dogma and structure makes them a little hard to learn about. I’d love to hear your thoughts on Anarchopedia and other web resources. I’d especially love to hear from anticapitalism anarchists, because I have no idea where you are coming from. Haven’t had any chance to go over the Anarchopedia, but it doesn’t look particularly well-put-together. He references, in particular, a Chomsky quote: A consistent libertarian must oppose private ownership of the means of production and the wage slavery which is a component of this system, as incompatible with the principle that labor must be freely undertaken and under the control of the producer. I’m not terribly familiar with Chomsky’s work, but he’s all over … Read entire article »
Filed under: Agora!, Anarchy!, Blog Reactions