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Consideration of "human rights" requires conviction

Fragment of a discussion from Comments:High Court of Australia dismisses appeal against conviction, compulsory voting

I'm both agreeing and disagreeing with you. I especially like your most recent post. But I am pushing back on the way that you are using the word "law". Public opinion did not determine whether Mr. Holmdahl goes to jail. A judge determined it. I am taking an institutional, practical view that says things like, "The law is whatever a judge says it is." and "What the law is on any issue of law at any point in time is completely determined within the sovereign state according to (1) the organic law, (2) the legislated statutes, (3) the persons who comprise the judiciary, and (4) the customs and traditions that govern the behavior of those individuals.

You are telling a different story. Your story is just as true as my story, and it is just as interesting. IMO, your story understates the finality and correctness of what the High Court did to Mr. Holmes. Perhaps my story overstates it and the truth is somewhere in the middle.

Wo'O Ideafarm (talk)‎05:12, 25 April 2013
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