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PistonHeads > Gassing Station > General Gassing > Speed, Plod & the Law > The spirit of the Law
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saaby93

Original PosterOriginal Poster

864 posts

5 months

[news] 
Tuesday 3rd November quote
Where should the spirit be?
Are limits there for a reason, are the limits wrong, should limits be only enforced in certain circumstances?
What about the NIP Laws, how well should they be enforced?
What about the law generally?
How do we decide which laws to obey and which not?
paperbag

Jasandjules

21,357 posts

56 months

[news] 
Tuesday 3rd November quote
We live in a democracy. Dependant upon your views, the law should reflect the views of the majority. Any law which does not represent the view of the majority is therefore inherently unjust.


F i F

9,345 posts

78 months

[news] 
Tuesday 3rd November quote
Richard Bentley said:
"There is no such thing as a moral offence, nor should you accept being convicted or penalised for breaking the spirit of the law”
“Whether it be a speeding fine or a parking penalty, the law and the rules are effectively the same: When the sign is wrong the fine is wrong”
The law says that: “ a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit is indicated by means of such traffic signs as are mentioned.” (sic)
http://www.rmbconsulting.co.uk/

10 Pence Short

15,743 posts

44 months

[news] 
Tuesday 3rd November quote
Jasandjules said:
We live in a democracy. Dependant upon your views, the law should reflect the views of the majority. Any law which does not represent the view of the majority is therefore inherently unjust.
I broadly agree with that, with the caveat that some unpopular laws have to exist to protect people and/or the state. Laws on taxation, for example...

therealpigdog

413 posts

24 months

[news] 
Tuesday 3rd November quote
Jasandjules said:
We live in a democracy. Dependant upon your views, the law should reflect the views of the majority. Any law which does not represent the view of the majority is therefore inherently unjust.
Sorry to sound like Von, but the law is the law, and should be obeyed - there are no right or wrong laws, only laws. If the majority do not like a law then they have the power to get such law repealed by their elected representatives - the fact that it is unpopular does not justify breaking it.

[tongue in cheek] your stance reminds me of the bad taste joke "9/10 people enjoy gang rape" [/tongue in cheek]
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julianc

1,181 posts

86 months

[news] 
Tuesday 3rd November quote
Jasandjules said:
We live in a democracy
Grumpy mode on.

With the greatest respect, rubbish. wink

We have a prime minister (allegedly) who has never been elected as such and has effectively destroyed the country's finances, and much of the government's power is held by an unelected lord (Mandy) whose record is significantly blemished, but would seem to have dodgy photographs of others in power - allegedly - any other suggestions on how he could have more comebacks than a yoyo (also wink )?

Afghanistan's government seems more democratic than our alleged government.

Ho hum.

Grumpy mode still on.

saaby93

Original PosterOriginal Poster

864 posts

5 months

[news] 
Tuesday 3rd November quote
julianc said:
We have a prime minister (allegedly) who has never been elected as such
Every democracy has a system. We vote for our local MPs. They choose who should be prime minister.
Our equivalent of president is Queen.
If we dont like that we hold a revolution.

Last time we tried it, we got fed up after a few years and brought a King back smile


Edited by saaby93 on Tuesday 3rd November 12:44

julianc

1,181 posts

86 months

[news] 
Tuesday 3rd November quote
therealpigdog said:
Jasandjules said:
We live in a democracy. Dependant upon your views, the law should reflect the views of the majority. Any law which does not represent the view of the majority is therefore inherently unjust.
Sorry to sound like Von, but the law is the law, and should be obeyed - there are no right or wrong laws, only laws. If the majority do not like a law then they have the power to get such law repealed by their elected representatives - the fact that it is unpopular does not justify breaking it.

[tongue in cheek] your stance reminds me of the bad taste joke "9/10 people enjoy gang rape" [/tongue in cheek]
I agree with Jasandjules.

If we followed your logic, we would still be living under the feudal system of centuries ago. Sometimes good men have to stand up to what is wrong and get it changed by whatever means is necessary - however, the 'whatever means' should always be proportionate to the wrong. That's why I admire the French in many ways for their direct action - we are too compliant in this country in many ways, which is why our 'leaders' take the p1ss and ignore what the majority want. Our 'leaders' are far too busy with their snouts in the trough to listen to the majority, so perhaps the majority on occasions should try something different to get the 'leaders' to listen.

All IMHO, of course!

julianc

1,181 posts

86 months

[news] 
Tuesday 3rd November quote
saaby93 said:
Every democracy has a system. We vote for our local MPs. They choose who should be prime minister.
Agree absolutely, but usually when you vote for a party you know who the prime minister will be, and if you don't like the proposed prime minister, you don't vote for his corresponding candidate. For example, Neil Kinnock never got in because the voters thought he was a prat and hence didn't vote for the local Labour candidate. There are many people who think that a good PM is better than a good local candidate and will vote as such.

Edited by julianc on Tuesday 3rd November 12:52

cs02rm0

1,727 posts

18 months

[news] 
Tuesday 3rd November quote
saaby93 said:
Where should the spirit be?
Are limits there for a reason, are the limits wrong, should limits be only enforced in certain circumstances?
What about the NIP Laws, how well should they be enforced?
What about the law generally?
How do we decide which laws to obey and which not?
paperbag
The point of the spirit of the law is that you have to find your own answers and so do we, that not everything can be written in black and white.

Of course, that doesn't serve the purposes of a controlling few who would prefer the general population were not capable of original thought.

Edited by cs02rm0 on Tuesday 3rd November 12:53

havoc

14,536 posts

62 months

[news] 
Tuesday 3rd November quote
julianc said:
saaby93 said:
Every democracy has a system. We vote for our local MPs. They choose who should be prime minister.
Agree absolutely, but usually when you vote for a party you know who the prime minister will be, and if you don't like the proposed prime minister, you don't vote for his corresponding candidate. For example, Neil Kinnock never got in because the voters thought he was a prat and hence didn't vote for the local Labour candidate. There are many people who think that a good PM is better than a good local candidate and will vote as such.
As a side-bar to this thread, does anyone else think that separating the role of PM (President?) from the election of local MP's would be a good idea?

saaby93

Original PosterOriginal Poster

864 posts

5 months

[news] 
Tuesday 3rd November quote
havoc said:
As a side-bar to this thread, does anyone else think that separating the role of PM (President?) from the election of local MP's would be a good idea?
PM is completely different to president.
As said above our equivalent of president is Queen
We'd still need a PM too....

Motorrad

1,074 posts

14 months

[news] 
Tuesday 3rd November quote
The law is inflexible as in the case of red light cameras and the prosecution of drivers who move through them to allow emergency vehicles to pass. I therefore don't apply the 'spirit of the law' to anything, I merely follow it slavishly and for example don't move if there is a red light camera and an emergency vehicle as the highway code tells me to.

Marvellous world we live in isn't it? No need for common sense to be applied at all.

Puddenchucker

787 posts

45 months

[news] 
Tuesday 3rd November quote
saaby93 said:
havoc said:
As a side-bar to this thread, does anyone else think that separating the role of PM (President?) from the election of local MP's would be a good idea?
PM is completely different to president.
As said above our equivalent of president is Queen
We'd still need a PM too....
The Monarch is an hereditary position and, in this country at least, has very little input into the political process of making laws/legislation or diplomacy/foreign affairs.
A President is an elected political position, in a democracy anyway, and has direct and significant influence on laws/legislation and diplomacy/foreign affairs.

Apart from both being 'Head of State' how are they equivalent?

havoc

14,536 posts

62 months

[news] 
Tuesday 3rd November quote
saaby93 said:
havoc said:
As a side-bar to this thread, does anyone else think that separating the role of PM (President?) from the election of local MP's would be a good idea?
PM is completely different to president.
As said above our equivalent of president is Queen
We'd still need a PM too....
Not really true - the Queen is almost entirely a figurehead (when was the last time she DIDN'T rubber-stamp anything the PM took to her?) and ceremonial in her duties. Further, our PM is the one who goes to international summits and meets with other heads-of-state.

I'd suggest that we could devolve the role of PM suitably to have it subject to a separate election, have Parliament themselves elect a cabinet from among their members (or at least nominate candidates for the PM to choose from), and not substantially change the way the country works. That would have the advantage of making MP's a LOT more beholden to their constituents...

saaby93

Original PosterOriginal Poster

864 posts

5 months

[news] 
Tuesday 3rd November quote
Puddenchucker said:
Apart from both being 'Head of State' how are they equivalent?
whistle

odyssey2200

11,451 posts

36 months

[news] 
Tuesday 3rd November quote
if you were to make an honest mistake and were taken to court for breaking a tax law for example whould the judge let you off as you had complied with the "Spirit of the law"?

Good luck with that one.

Every day people are found guilty on a technicality and Van and all his pals will turn up on here and say the "the law is the law" and is not open to interpretation to suit the individual.

Black and White.

Now we see thatthe boot in on the other foor wrt Peter winning his highcourt case and now everyone wants to talk about the "Spirit of the law"

If you return a NIP 2 days late will the SCP still allow your conditional offer as you had complied with the spirit of the law?
Or would the remove the conditional offer and take ytou to court, even if you could prove that it ws posted within the prescribed time?


bks to Spirit!
The SCp and CPS will use everything available to them to get you to roll over and find you guilty and ignore the rules when and if it suits then , so all is fair in love and war!
If you can get off you should.



Puddenchucker

787 posts

45 months

[news] 
Tuesday 3rd November quote
saaby93 said:
Puddenchucker said:
Apart from both being 'Head of State' how are they equivalent?
whistle
So, lets recap, President Obama sets, or directly influences, US foreign policy, domestic policy & laws, fiscal policy, and has the launch codes for the nukes.

The Queen has a few palaces, waves to tourists, has her face printed money and looks after a few Corgis.

Remind me again, how are they equivalent?

saaby93

Original PosterOriginal Poster

864 posts

5 months

[news] 
Tuesday 3rd November quote
Puddenchucker said:
saaby93 said:
Puddenchucker said:
Apart from both being 'Head of State' how are they equivalent?
whistle
So, lets recap, President Obama sets, or directly influences, US foreign policy, domestic policy & laws, fiscal policy, and has the launch codes for the nukes.
The Queen meets with foreign digniataries and has all of that too, although quite a lot of it is delegated to her government- a system of government where the members are elected by the people, and those members choose the PM.
If we don't like the PM our members have chosen we can boot them out pretty soon.



saaby93

Original PosterOriginal Poster

864 posts

5 months

[news] 
Tuesday 3rd November quote
odyssey2200 said:
if you were to make an honest mistake and were taken to court for breaking a tax law for example whould the judge let you off as you had complied with the "Spirit of the law"?
mitigating circumstance?

odyssey2200 said:
If you return a NIP 2 days late will the SCP still allow your conditional offer as you had complied with the spirit of the law?
I think youre missing what happens before that
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