Sunday, May 27, 2007

Metaphor - Objective/Subjective and Alternative

There exists a park where in the month of May a natural phenomena occurs. The cherry trees blossom. Most blossom pink but one blossoms white.

In context this park is a very good example of a judicial system and presents two questions:

Question 1: Were the cherry trees planted "objectively"? Such that, it matters not what colour they blossom, what matters is that they are cherry trees.

This is an example of law "applied" objectively.

Question 2: Were the cherry trees planted "subjectively"? Such that, it matters what colour they blossom.

This is an example of law "applied" subjectively. In law this would be the judge's disrection to do equity and take into consideration race, colour, creed, disability, etc which would be reflected by the different colours of cherry blossom/species.

Thirdly, the "alternative" to law is non-law. In the park this would be seen as an oak tree, a species outside the design of the park.

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