Thursday, February 24, 2011

The Tyranny of Jurisprudence, as rejected by Judge Schwartz

This has little to do with sustainable food, but has a lot to do with law, and how it can get in the way of justice.



"Cardozo has described the process which I believe may have led to the Fourth District's contrary decisions:

Judges march at times to pitiless conclusions under the prod of a remorseless logic which is supposed to leave them no alternative. They deplore the sacrificial rite. They perform it, none the less, with averted gaze, convinced as they plunge the knife that they obey the bidding of their office. The victim is offered up to the gods of jurisprudence on the altar of regularity.

Benjamin Cardozo, The Growth of the Law, in Selected Writings of Benjamin Nathan Cardozo 214 (Margaret E. Hall ed. 1947).

I concur without reservation in this Court's continued refusal to do the same."

- Former Chief Judge Alan R. Schwartz of the Fla. 3d DCA, in his great concurrence in Doctor v. State, 677 So. 2d 1372 (Fla. 3d DCA 1996) (emphasis added).

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