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West Midland Baptist (Trust) Assn v Birmingham: Difference between revisions
West Midland Baptist (Trust) Assn v Birmingham (view source)
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[[File:Duchamp Fountaine.jpg|300px|thumb|left|A receptacle for the [[golden thread|golden stream]], yesterday.]] | [[File:Duchamp Fountaine.jpg|300px|thumb|left|A receptacle for the [[golden thread|golden stream]], yesterday.]] | ||
How so? Well, bear in mind the starting presumption of [[common law]] [[jurisprudence]] is that it is not judge-made, but judge ''discovered'' — an ''objet trouvée'' inverted, signed and exhibited as is. Judges are merely expert sculptors, revealing to the world the platonic details of the law as they find them, as Duchamp did when exhibiting his ''Fountain''. Like R Mutt’s pissoir, the law was always there — it just took a craftsperson of sufficient skill and enlightenment to reveal it in all its artistic beauty. | How so? Well, bear in mind the starting presumption of [[common law]] [[jurisprudence]] is that it is not judge-made, but judge ''discovered'' — an ''objet trouvée'' inverted, signed and exhibited as is. Judges are merely expert sculptors, revealing to the world the [[platonic]] details of the law as they find them, as Duchamp did when exhibiting his ''Fountain''. Like R Mutt’s pissoir, the law was always there — it just took a craftsperson of sufficient skill and enlightenment to reveal it in all its artistic beauty. | ||
Bear in mind another, apparently consistent presumption: the [[common law]]’s fundamental value is ''certainty''. Merchants need to know, that the legal foundations underpinning their commercial arrangements are not liable to shift. Hence, while statutes are transparently the creature of men and women and will not, without grave justification, be applied retrospectively, the [[common law]] is hewn from more [[Ontological certainty|ontologically]] rigid stuff: it suffers no such legislative fickleness: it is unchanging, for all times and for all people. | Bear in mind another, apparently consistent presumption: the [[common law]]’s fundamental value is ''certainty''. Merchants need to know, that the legal foundations underpinning their commercial arrangements are not liable to shift. Hence, while statutes are transparently the creature of men and women and will not, without grave justification, be applied retrospectively, the [[common law]] is hewn from more [[Ontological certainty|ontologically]] rigid stuff: it suffers no such legislative fickleness: it is unchanging, for all times and for all people. | ||