🚀 go-pugleaf

fbonsignore@beethoven.com (Fabrizio J. Bonsignore) wrote in message news:<768f7623.0411071400.746aca2@posting.google.com>...
> As a simple way to avoid the foreign pressure (taking advantage of) a
> jurisprudence based law system, a principle of limited jurisprudence
> can be applied in such way that cases involving foreign governments
> CANNOT be used as antecedents to new decisions. It forces judges to
> make decisions according to each case, knowing that their decision
> will not affect the _whole_ law system, but will be relevant only for
> djb the current case. This can take into account particular
> circumstances due to political and diplomatic interests on the base of
> a foreign policy principle clearly stated. This proposal effectively
> insulates a jurisprudence system from external law systems. Without
> it, law systems tend to synchronize and adopt the more general
> approach in the case of case by case systems or different crime
> definitions or to equiparate in the case of jurisprudence systems.

Two jurisprudence systems require a negotiation and will eventually ed
up recognizing same crimes and definitions, provided all crimes are
exemplified by fleeing criminals through the borders. But in the case
of a non jurisprudence system, it will assume a hierarchical
relationship, where

non-jurisprudence > jurisprudence for less restricted definitions of
crime
non-jurisprudence < non-jurisprudence for more restricted definitions
of crime
(not clear enough, but I am freezing in a metal keyboard outside NY).

Limited jurisprudence in foreign cases effectively decouples both
systems. Crime definition negotitation is case by case always.

Limiting the application of jurisprudence in this manner makes the law
system independent from other law systems without losing the
advantages of jurisprudence of accumulating a decision base from which
to infer judgements (thus reducing arbitrariness at the cost of
crystalizing a particular judging culture) while strengthening the
sovereignty of the country which applies it. This is a rephrasement of
previous the initial post.