Well said, sir. I cannot think of a more problem-creating direction that could be indicated to today's up and coming lawyers than the one Ms Jagose endorses.
It seems difficult for many people to grasp the importance of law being certain, consistent and predictable. This is what allows lawyers to usefully advise their clients as to what is permissible and what is not. This allows 90% of disputes to be settled without unaffordable trials.
In the case of tikanga nobody knows what the law is until there is a trial and experts offer opinions, and a single unelected judge finally ( perhaps years later) delivers her/his personal opinion as to what the “tikanga law” requires. But a different Judge may have a different opinion next week. It is law by lottery
This approach cannot possibly work in a modern fast-moving economy.
Thank you for your information. I hope the Government is taking notice, or all the infrastructure development plans for NZ are worthless. A country needs stability and not stress,confusion and dissension to progress.
Yes. It's an excellent statement. Justice Glazebrook's abandonment of a long tradition of legal thought about customary law is breathtaking and you've done well to highlight it.
The first part is a worry, but the extract from Una Jagose QC, Solicitor-General, speech in October 2018, is crazy scary.
It is amazing that she has continued to hold her role as Solicitor-General and explains the recent guidelines she has issued about basically different rule for Maori offenders.
Judith Collins needs to ditch her (if that is possible) and clearly reinstate that Laws are made by Govt not unelected Judges. The time/window to re-assert this basic tenet seems to be closing fast.
Again superb, Gary. Just one thing to say quickly, which is, please, to replace in your own communications each incidence of 'Aotearoa' to 'New Zealand'. This is a small matter compared with your main theme, but important too, for we have not been asked to change the country's name and nor have we agreed to it. I have more to say but that's enough for now. Thank you.
Thanks for this Gary and for your hard work in this matter. Especially concerning is the postscript. It seems that critical theory has more than a foothold in the upper echelons of our profession and that is a worry, especially in light of the SG recommendations for bringing prosecutions which seems to be travelling the same path. The relativism that besets so much of modern thinking (if I can call it that) has infested the law. We black letter lawyers are few and far between it would seem.
The concept of "infestation" is apposite in the light of Professor Gad Saad's book on the parasiticism of the mind through critical theory ideology: "The Parasitic Mind: How Infectious Ideas Are Killing Common Sense." Isaiah Berlin's use of Antilochus' poem is apt: "the hedghog knows one big thing, the fox knows many things.
Well said, sir. I cannot think of a more problem-creating direction that could be indicated to today's up and coming lawyers than the one Ms Jagose endorses.
Well spoken Gary.
It seems difficult for many people to grasp the importance of law being certain, consistent and predictable. This is what allows lawyers to usefully advise their clients as to what is permissible and what is not. This allows 90% of disputes to be settled without unaffordable trials.
In the case of tikanga nobody knows what the law is until there is a trial and experts offer opinions, and a single unelected judge finally ( perhaps years later) delivers her/his personal opinion as to what the “tikanga law” requires. But a different Judge may have a different opinion next week. It is law by lottery
This approach cannot possibly work in a modern fast-moving economy.
Thank you for your information. I hope the Government is taking notice, or all the infrastructure development plans for NZ are worthless. A country needs stability and not stress,confusion and dissension to progress.
Yes. It's an excellent statement. Justice Glazebrook's abandonment of a long tradition of legal thought about customary law is breathtaking and you've done well to highlight it.
Thanks for your work on this.
The first part is a worry, but the extract from Una Jagose QC, Solicitor-General, speech in October 2018, is crazy scary.
It is amazing that she has continued to hold her role as Solicitor-General and explains the recent guidelines she has issued about basically different rule for Maori offenders.
Judith Collins needs to ditch her (if that is possible) and clearly reinstate that Laws are made by Govt not unelected Judges. The time/window to re-assert this basic tenet seems to be closing fast.
Again superb, Gary. Just one thing to say quickly, which is, please, to replace in your own communications each incidence of 'Aotearoa' to 'New Zealand'. This is a small matter compared with your main theme, but important too, for we have not been asked to change the country's name and nor have we agreed to it. I have more to say but that's enough for now. Thank you.
Thanks for this Gary and for your hard work in this matter. Especially concerning is the postscript. It seems that critical theory has more than a foothold in the upper echelons of our profession and that is a worry, especially in light of the SG recommendations for bringing prosecutions which seems to be travelling the same path. The relativism that besets so much of modern thinking (if I can call it that) has infested the law. We black letter lawyers are few and far between it would seem.
Well done yesterday.
You said what needed to be said.
The concept of "infestation" is apposite in the light of Professor Gad Saad's book on the parasiticism of the mind through critical theory ideology: "The Parasitic Mind: How Infectious Ideas Are Killing Common Sense." Isaiah Berlin's use of Antilochus' poem is apt: "the hedghog knows one big thing, the fox knows many things.
Good on you for fighting the good fight Gary
As a first year law student I agree with you Gary.