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Nurse happy
DruglessBrain Started conversation Jul 26, 2011
Susan is recovering well - so much so that I chucked her out into the garden for a spot of weeding and strimming this afternoon.
Dull day. I made apple and plum crumble for lunch and have lamb and rosemary sausages on cooking for toad in the hole for tea. I have a film for Susan - The Seven Days of the Condor.
Miah is out. I have got back into thesis-related writing. Susan and I are going to the Uni tomorrow and I have a load of books to return.
Reading judgments isn't easy. Judges seem to set out to obscure as much as to illuminate, and the danger of drawing implications from very limited statements on very tight points is ever-present. Judges deal with the particular question before them, which might be a very specific very nice question, and they may sometimes go off on a wee frolic of their own, and the risk is that the reader mistakes the frolic for the law, or implies things well outwith the boundary of the limited specific technical answer. Vacuums get filled in the readers minds, and options get multiplied, and whole castles get built in the air. I have said before that Law (with a capital L) is what happens when a proposition of law (with a lower case l) is sufficiently widely and sufficiently well misunderstood.
This is how the law of common property in Scotland evolved between 1839 and 1944 - Lord Moncrieff gave a specific answer to a specific question, and people read a binary structure into it, then spent over a century barking up entirely the wrong tree as regards the particular nature of the binary. In 1944, Lord Justice-Clerk Cooper came along and said "enough, THIS is the Law...", and, in my opinion, got it wrong, but a definitive answer was needed and people went with his definitive answer, and nearly 70 years on we all seem to be coping.
As I say, dull day, but no rain. I have listened to Sonic Youth and ELoy today. I will have an HPL flick tonight. That's the sausages done...
Drugless
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Nurse happy
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