Patterico's Pontifications

3/31/2006

Now That’s Sicilian

Filed under: Humor,Judiciary — Patterico @ 4:56 pm

When my birthday comes, you know what to get me: a huge poster of this.

9 Responses to “Now That’s Sicilian”

  1. Seriously, though, if somebody knows where I can find a poster of this, or a large pixeled image of it, I want in too.

    jinnmabe (7da6d1)

  2. The photographer who took the photo was fired by the Archdiocese of Boston. Since Patterico likes the photo so much, will he make a contribution to the photographer or write a letter of protest to the Catholic Church? [He can sell me a poster version. — Patterico]

    Also, Scalia lied about the incident. [False. — Patterico] And he told the reporter to do something that would be illegal in the state of Texas, if Scalia had gotten his way.

    All around, estimable behavior for someone in the WWF, if not for a jurist.

    [Excellent questions. Here’s another: since croche is a blatant liar, will he STFU? — Patterico]

    m.croche (114b0f)

  3. I read the story about the incident in The Philadelphia Inquirer yesterday (Philly has a significant Italian-American population), and I sure didn’t see anything in it about the photographer being canned; perhaps Mr. Croche can provide the link to that story.

    [He was canned. It’s about the only thing croche isn’t lying about. — P]

    Dana (dd8e7e)

  4. The photographer was fired for taking this photo?

    nk (41da82)

  5. When my birthday comes, you know what to get me: a huge poster of this.

    Patterico,

    Yes a picture is worth a thousand words, even a thousand words by Scalia.

    While we are at Scalia, his jurisprudence speaks, too, of the antiquity of the western heritage to both civilian and common law tradition, that we would wonder whether the civilian Arthur Von Mehren has sound reasoning when he compares the trio : (1) California Civil Code (2) Uniform Commercial Code (3) Restatement of Laws and opines that only the last, the Restatement of Laws meets the civilian’s understanding of “coherence, structure, and high-level generalization”. If his view bears weight, should we not imagine a proposed Restatement of Laws with respect to the federal Constitution, if nothing else, than at least for the moment, as a useful drafting exercise to force us to crystallize our jurisprudence, for our drawing board; a blue print for a wholistic constitutional jurisprudence that from a civilian perspective can be said to be “coherent, structured, and with high level of generalization”?

    What use would such a drawing board blue print be, if it is destined to stay and languish on the drawing board?

    As a framework, for departures from stare decisis with over turned rulings, in certain landmark constitutional cases, have led to divisions in our society, with even different states legislatures and state courts traveling on different jurisprudential tangents, diametrically opposite to each other at times. A framework guides and strategises the task of attorneys and amici [their role to provide express policy arguments] for at the nation’s highest court, ‘policies’ underlie the departures from stare decisis, while the ‘mechanical’ legal tools for distinguishing the case or seeking to over turn it, are obtained as indicated by Scalia at http://www.tannerlectures.utah.edu/lectures/scalia97.pdf to affirm or negate the policy proffered implicitly. Thus the buzz words “coherent structured high level generalization” , “policy” and “tools for affirming or departing from stare decisis”.

    Issues on the differing frameworks aside [ numerous no doubt, and is it not our concern of future trends and consequences, and current results, that underlie our framework, that we also look back to the past], at least on certain constitutional matters, my framework is under construction, work in progress, being fought out between, for example a review of Evan’s work “The Theme is Freedom” by Charles E. Rice, Professor of Law at Notre Dame Law School http://www.acton.org/publicat/randl/review.php?id=161 and Charles Freeman’s “The Closing of the Western Mind: The Rise of Faith and the Fall of Reason” [ some say it is a polemical work, others a historical one].

    Yi-Ling (ad6424)

  6. Sorry, forgot the link for the analysis by the civilian Arthur Von Mehren, Rome 2000 …. compares the trio : (1) California Civil Code (2) Uniform Commercial Code (3) Restatement of Laws and opines that only the last, the Restatement of Laws meets the civilian’s understanding of “coherence, structure, and high-level generalization”…. see http://w3.uniroma1.it/idc/centro/publications/40vonmehren.pdf

    Yi-Ling (ad6424)

  7. With respect to # 5 and 6 above, foot note

    Do not infer:
    1. I am working on the blue print. I am not.
    2. I have a blue print. I do not.
    3. I am advising Patterico. I am not. It is a rebuttal to nk’s implicit challenge that stare decisis will be the possible death knell of any possible civilian remedy of ‘coherent structured high level generalization”, and there is no possibility of any teleological reading. It serves to address the issue of how it can be possible in intent if not in effect, whether in form or not. It just and also happens to have the same connection of “Scalia”, who happens to give larger recognition to civilian tradition.

    Please infer:
    1. It is a reconsideration of my divide between private position and public position on abortion, and the consideration is that it is work in progress. It is work in progress, because I am currently going through the first stage of the battle on the exclusion of the Gnostic gospels in the period from about 100-200AD, leading to the suppression of the Gnostic gospels and inclusion only of the Gospels of Mathew Mark Luke John, vide Elaine Pagels’ The Gnostic Gospel and two other books on this, and thus leads to the next period following the Council of Nicea 325 AD when Christianity had become the state religion, and thus Charles Freeman’s work. While Elaine’s work will be more of the Christian position, Charles Freeman cannot be said to be so, for he seems to be more a scholar of ancient Greek world. The other review, Charles Rice, was explored in 2003. I will think deeper of the implications of my divided stand.
    2. It is a reply to nk, that, there is a way to integrate in addressing his implicit concern of “a more fact-specific fashion, typically reasoning from the interests and values at stake in concrete situations rather than from the accommodation of interests and values crystalized in generalized rules and principles” and maybe even silently the Restatement of Laws have lent their civilian effect unnoticed.
    3. I can bridge my gap between the private and public stand, if I can satisfy myself that, the idea of depriving others of the perceived limited choice of abortion for before viability only for adult unmarried woman only [ with greater burden placed on woman seeking abortion even before viability] & [ with greater balancing act between right to abortion and other rights in relation to minor females and married woman; fundamental right to control upbringing of their children, fundamental right to procreate and fundamental right to keep the family together], would be for the betterment of our society now and for the future generations to come to ensure its viability and survival, whereby liberals’ perceived deprivation of liberal’s choice is thus justified and rationalized. For me, it is work in progress and I have to think further and deeper.

    Yi-Ling (ad6424)

  8. Less it be inferred I have liberal views at large, I am right of center, in particular with respect to economic understanding. Less it be inferred I do not care because I am not working on it [blue print] it is a worthy mammoth task more suited to professors of law, and I work in my own small way on other things.

    Yi-Ling (754516)


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