11-08-2007, 05:45 PM
Some thoughts:
1) Whether or not Phelps had legal training really does not relate to his current state of provocativeness. When properly applied, attorneys can be quite provocative for good causes (see the actions of the Bar in Pak. concerning the martial law status in that country). While such training could prepare him with knowledge of how far things can be pushed, it does not make him more or less annoying.
2) Regarding compensatory damages... the problem is how do you place a value on something that is a 1 time only event? If paying for the funeral was the only remedy... that's cheap for causing people grief. The same thing applies for paying for psychiatric services. I am not saying that it's easy to come up with a figure for this... but am saying that there is more to the "event" than just the cost of the event.
3) Concerning punitive damages... Punitives exist to punish individuals/entities when criminal laws don't apply (Except Exxon, where they are pushing to get punitives removed entirely for the Valdez:P). Plus, they theoretically represent a means to reduce the likelihood of the event happening again. Ideally, the punitive damage amount is calculated to serve as a deterrent to future conduct.
4) Getting rid of religion won't work. You can eradicate all the major religions and still have issues. No matter what you do, you will have people who live in hatred.
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Freedom of speech implies the consequences of using that freedom.
1) Whether or not Phelps had legal training really does not relate to his current state of provocativeness. When properly applied, attorneys can be quite provocative for good causes (see the actions of the Bar in Pak. concerning the martial law status in that country). While such training could prepare him with knowledge of how far things can be pushed, it does not make him more or less annoying.
2) Regarding compensatory damages... the problem is how do you place a value on something that is a 1 time only event? If paying for the funeral was the only remedy... that's cheap for causing people grief. The same thing applies for paying for psychiatric services. I am not saying that it's easy to come up with a figure for this... but am saying that there is more to the "event" than just the cost of the event.
3) Concerning punitive damages... Punitives exist to punish individuals/entities when criminal laws don't apply (Except Exxon, where they are pushing to get punitives removed entirely for the Valdez:P). Plus, they theoretically represent a means to reduce the likelihood of the event happening again. Ideally, the punitive damage amount is calculated to serve as a deterrent to future conduct.
4) Getting rid of religion won't work. You can eradicate all the major religions and still have issues. No matter what you do, you will have people who live in hatred.
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Freedom of speech implies the consequences of using that freedom.