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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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No, as it turned out. | No, as it turned out. | ||
{{Capsule West Midland Baptist Trust}} | {{Capsule West Midland Baptist Trust}} | ||
=== | ===[[Goedel]]’s [[undecidability]] applied to the [[common law]]=== | ||
This question — should a “newly decided” [[Golden thread|thread]] of [[common law]] apply to human affairs pre-dating its development which were specifically constructed in contemplation of common law principles which, the new authority has adjudged to be wrong? — articulates the same paradox by which [[Kurt Gödel]] buggered up David Hilbert’s aspiration to describe a complete and consistent set of all mathematic axioms.<ref>[https://en.wikipedia.org/wiki/Hilbert%27s_program David Hilbert’s program] </ref> | This question — should a “newly decided” [[Golden thread|thread]] of [[common law]] apply to human affairs pre-dating its development which were specifically constructed in contemplation of common law principles which, the new authority has adjudged to be wrong? — articulates the same paradox by which [[Kurt Gödel]] buggered up David Hilbert’s aspiration to describe a complete and consistent set of all mathematic axioms.<ref>[https://en.wikipedia.org/wiki/Hilbert%27s_program David Hilbert’s program] </ref> | ||
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So here is the [[paradox]]: If ''West Midland'' is right, being itself laid down by a decided case, it must by its own lights, be wrong. It is ''not'' the law. It is a fallible judge’s ''impression'' of the law. It is as susceptible of falsehood as the judgment which it overturns. Only if it is ''wrong'' can we have any certainty that it is ''right''. | So here is the [[paradox]]: If ''West Midland'' is right, being itself laid down by a decided case, it must by its own lights, be wrong. It is ''not'' the law. It is a fallible judge’s ''impression'' of the law. It is as susceptible of falsehood as the judgment which it overturns. Only if it is ''wrong'' can we have any certainty that it is ''right''. | ||
So if you organised your affairs in reliance on what you, and everyone else, including the judiciary, at the time earnestly believed to the [[golden stream]], but which a later revelation shows to have been a bucket of piss, well that’s tough. But | So if you organised your affairs in reliance on what you, and everyone else, including the judiciary, at the time earnestly believed to be the [[golden stream]], but which a later revelation shows to have been a bucket of piss, well that’s tough. But, therefore, you can’t rely on the later revelation of the law either, because it, too, might turn out to be a bucket of piss. Which means perhaps you ''can'' rely on the old precedent, as it might turn out ''not'' to have been a bucket of piss after all. But as long as this new ruling ''isn’t'' considered to be a bucket piss, you can’t. | ||
''O tempora! O mores! O {{t|paradox}}!'' | ''O tempora! O mores! O {{t|paradox}}!'' | ||