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Tag Archives: common law

Divorcing marriage?

When I wrote my Reason Foundation brief on equal marriage, I focussed (understandably) on the empirical arguments both for and against same-sex marriage, leaving rights arguments to one side (what do you expect? I’m a positivist). However, in one section, I addressed (albeit briefly) the common libertarian argument that we should ‘get the state out […]

Norm failure

I have previously posted elsewhere about how similar the failures in indigenous policy and development (particularly foreign aid) policy have been. Remarkably similar, indeed. They also show some distinct similarities to the more unfortunate effects of welfare provision. (By ‘welfare provision’ I do not mean the aged pension or health or education services; I am talking […]

Common law and statute

So if one asks a student or a teacher of the law of obligations, “Which do you prefer, statutes or cases?”, the answer will almost invariably come back, “Cases, of course.” Cases have immediate human interest supplied by the facts; and the reasoning of the judges, while often complex, satisfyingly leads the reader from the […]

2UE Interview about juries

In June this year, SL wrote a post in which she noted: Month on month, the most popular search string for this blog is a variant on ‘getting out of jury service in nsw’, ‘excuses to get out of jury service’, ‘jury service nsw’, ‘avoiding jury service nsw.’ No other state or jurisdiction gets a […]

Spousal right to silence abolished in Australia

The High Court has recently overturned the right to refuse to give evidence against one’s spouse at common law in Australian Crime Commission v Stoddart [2011] HCA 47. It’s a fascinating decision, as it represents a further very large crack in the crumbling notion that husband and wife are one person. As I’ve mentioned here, […]

Postmodern Conservatism – guest post by Lorenzo

[SL: there was a time, not so long ago, when conservatives and libertarians could afford to be smug about the intellectual miasma in which left-liberals and progressives had lost themselves. It is unfortunate--and does us little credit--that when a decent number of left-liberals reacted in horror to the colonisation of their political tradition by postmodernism […]

Judges can “Google” too

The Second Circuit of the Court of Appeals in the US has handed down a decision concluding that it’s permissible for a judge to use Google to confirm a hunch in some circumstances (United States v Bari). The defendant was one Anthony Bari who was released on terms from prison after committing a bank robbery. […]