[OT] The law (was Re: CIPA done)

Martin Dengler martin at martindengler.com
Sat May 10 09:30:50 EDT 2008


We're OT here now.

On Fri, May 09, 2008 at 10:41:20PM -0700, Edward Cherlin wrote:
> On Thu, May 8, 2008 at 4:58 PM, Martin Dengler <martin at martindengler.com> wrote:
> > On Thu, May 08, 2008 at 04:06:03PM -0700, Edward Cherlin wrote:
> >> [. . .]
> >> It is sufficient if we clearly obey the law, and don't seek
> >> to go beyond it.
> >
> > Any lawyers around?  "go beyond" implies "interpret" -- the only
> > safe course is to comply exactly and minimally, IMHO.
> 
> No, "go beyond" means "do more than is required". Going the extra mile
> or turning the other cheek, for example.

I was talking about the meaning of "going beyond" vis-a-vis a law, and
you're talking about the first dictionary meaning of "go beyond".  I
don't disagree with your rendering of "go beyond" in general, but I do
in practice.  The current debate about DC gun laws seems to make it
clear that "going beyond" the US Constitution's second amendment does
indeed require "intepretation" of the law.

> . . . a judge doing genuine
> legal interpretation [is] determining what the words in the law
> mean . . .

So without "determining what the words in the law mean", it's possible
to believe one is "going beyond" it?

Martin
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