<div dir="ltr"><div dir="ltr"><br></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Tue, Jun 4, 2019 at 3:59 AM Henrik Ingo <<a href="mailto:henrik.ingo@avoinelama.fi">henrik.ingo@avoinelama.fi</a>> wrote:<br></div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">There are plenty of areas of the law where precedent is set aside: if not, courts would never overrule their previous decisions. "Not in accordance with precedent" is not the same as "arbitrary".<br></blockquote><div><br></div><div>As a simple case, consider the doctrine of parental immunity, which holds in many but not all U.S. states. It protects a parent from being sued for bodily injury by their unemancipated minor child. In states upholding this doctrine, it is considered that the criminal law is sufficient protection for the child despite its higher standard of proof.</div><div><br></div><div>In most or all the parental-immunity states, however, two exceptions have been carved out, thus overturning (to an extent) the precedents: a child sexually abused by a parent may sue, as well as a child killed by a parent. These changes were made because mechanical adherence to precedent would work injustice. (Tort law is like this in general: in contracts it is usually more important to have a settled rule than what the rule is, but plaintiffs in tort are supposed to receive a remedy for every legal wrong, even if it is hitherto unheard-of.) Yet those judges were not acting arbitrarily at all.</div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">More generally, OSI only has legitimacy as long as its process<br>
represents the opinion of the wider open source community. Saying that<br>
decisions can be more or less arbitrary doesn't make sense.</blockquote><div><br></div><div>Agreed, but nobody is calling for arbitrary decisions.</div><div><br></div><div><br></div><div>John Cowan <a href="http://vrici.lojban.org/~cowan">http://vrici.lojban.org/~cowan</a> <a href="mailto:cowan@ccil.org">cowan@ccil.org</a><br>Values of beeta will give rise to dom!<br>(5th/6th edition 'mv' said this if you tried to rename '.' or<br>'..' entries; see <a href="http://9p.io/who/dmr/odd.html">http://9p.io/who/dmr/odd.html</a>)<br></div></div></div>