Quote:
Originally Posted by Richard
COLOR="lime"]Mandating that a jurist is forbidden to even consider international, Sharia (or, as can be logically extended to include any other laws, sources of moral codes, or accepted societal norms) when formulating a judicial decision is IMO the antithesis of an honest legal system - especially within a society as purportedly free as ours claims itself to be (and one in which extenuating and mitigating circumstances are an integral part of the process) and as a nation in which so many of our individual states (Oklahoma included) are involved in on-going and expanding international trade relationships.
To me, considering is one thing - actually using is another.
Richard
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I was a jurist once. We were instructed to base our decisions on the law. Considering we're in the US, it would never occur to me to consider international law, Sharia or anything else. Nor would I be offended to be told I couldn't consider any of those to base my decision.
However...everyone is not me (and some folks would thank their God for that
) so it seems that this is one way to insure considerations or decisions are based on US laws only, not some other country's idea of "law". Those international laws, Sharia etc have no place in our court system.