Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 GARFIELD 20/11/84; site garfield.UUCP
Path: utzoo!utcsri!garfield!lionel
From: lionel@garfield.UUCP (Lionel H. Moser)
Newsgroups: can.politics
Subject: Re: Re: Zundel etc.
Message-ID: <2889@garfield.UUCP>
Date: Thu, 9-May-85 22:49:46 EDT
Article-I.D.: garfield.2889
Posted: Thu May  9 22:49:46 1985
Date-Received: Fri, 10-May-85 03:34:48 EDT
References: <638@lsuc.UUCP> <558@mnetor.UUCP>
Distribution: can
Organization: Memorial U. of Nfld. C.S. Dept., St. John's
Lines: 41


   Chris Lewis writes:
  ... 
> Not quite "were criminal".  The correct wording is "were against the
> law".  That's what I understand juries are *supposed* to determine and
> judges tell them to do most of the time.  The assumption is that the
> law is "correct" and "complete" (the tolerable exceptions eg:
> self-defense w.r.t.  murder) are already enshrined as exceptions to the
> law.  When they've strayed (eg:  Morgentaler acquittal in Ontario) into
> determining whether it is "criminal" judges sometimes get really
> annoyed - I've seen nasty comments from judges on this issue before -
> something like "I am disappointed in you...  but you've decided...".
> Morgentaler appears to say that he *is* violating the law, but is
> relying on juries determining whether his actions are "criminal" to get
> him off.

   It seems to me that Morgentaler defends himself with the argument
that *within* the letter of the law a doctor is entitled to perform
necessary medical treatments, such as abortions, under the circumstances
that he does. In this, juries have consistently found him not guilty
of violating the law. The question of *criminality* hasn't entered
into it. The Quebec government, ten years ago after several jury
acquitals, decided that his actions could not be found in contravention
of the current law.

   The above paragraph not withstanding, I don't really see the
difference between "criminal" and "against the law" as you distinguish
them. Both are legal terms, are they not? Perhaps you mean "criminal"
as "morally incorrect." (Or perhaps I have taken you out of context...)

   Another country heard from...

				Thank you.

                                Lionel H. Moser
                                Department of Computer Science
                                Memorial University of Newfoundland
                                St. John's, Newfoundland
                                Canada      A1C 5S7

UUCP: utcsri!garfield!lionel